




Wj£ £<?**** W '/£**** *y 









THE 



UNITED STATES 

CONSTITUTIONAL MANUAL; 



BEING 
A COMPREHENSIVE COMPENDIUM 

Of the System of Government of the Country; 

PRESENTING A VIEW 

.<9f the general government, in its legislative, executive and judicial 

departments; and of the governments of the states, particularly 

that of pennsylvania, and their relations respectively 

to the union, and to each other ; with definitions, 

constructions of constitutional provisions, 

and explanations; 

IN THE FORM OF QUESTIONS AND ANSWERS; 

DESIGNED FOR ACADEMIES, SCHOOLS, AND READERS IN GENERAL, 



BY MORDECAI'M'KIZOTEY. 




HARRISBURG : 
HICKOK & CANTINE, PRINTERS, 

1845. 



T* 



i " \ G 






Entehed in the office of the Clerk of the District Court of the Eastern* 
District of Pennsylvania, in the year one thousand eight hundred and forty- 
five, by Mordecai M'Kinnet, in conformity with an act of Congress, 
entitled " An act to amend the several acts respecting copy rights. 



n *» 



PREFACE. 



An acquaintance with the political instutions of our country is so 
important, that it can neither be trite to recommend it as interesting 
and valuable, nor superfluous to offer new aid for its attainment. 

Where there is accuracy of information, on such a subject, the 
attempt ought not to be considered an unworthy one, if in its method 
it solicits attention, familiarizes useful knowledge, or is, in any way, 
adapted to the wants of sociefy. 

The writer would ask that the proposition, in reference to the gene- 
ral subject, contained in the title, and divisions and heads of the work, 
be considered in connection with its declared purpose and necessary 
limits. There is no pretention here to the character of a full and ex- 
tended treatise. The plan and mathod were require d, it is apprehended, 
in order to present perspicuously the matter furnished, in a form suited 
for easy reference by all; and as having, besides, the advantage of 
suggesting to the student or reader a systematic course for pursuing 
his inquiries on the subject. No one can be more inclined to recom- 
mend to all, having an opportunity of acquiring it, a thorough and 
complete knowlege of the government and constitutional law of our 
country, to be derived from the many able and profound expositions 
thereof that are extant. 

It will be observed, that the view here given of our system of gov- 
ernment is a practical one ; exhibiting it as actually existing and in 
operation, rather than with respect to the theory of it, in the abstract; 
and showing its powers and duties, as constitutionally ascertained, 
and administered in practice, r-ither than the reasons therefor. 

It is with this design, that the arrangement has been adopted, by 
which the general subject is treated of, not in the order of the text of 
the federal constitution, or of those of the States ; but under divisions 
and heads appropriate to the real administration of our government 
and laws, and which allow of the introduction of a greater amount 
and variety of information in its natural place. 

In our complex political system, consisting of a general government, 
and a number of separate State governments, acting in certain rela- 
tions to it and to each other, the distinction between the general gov- 
ernment and the State governments is of the greatest moment, often 
being the occasion of questions of much weight and delicacy. It has, 
therefore, been made an object especially to present this principle, 
with its relative bearings, throughout the work; and, it is thought, 
the arrangement by which the subject of the general governmeut and 
that of the Slate governments are treated of separately, under distinct 
heads, is particularly suited to this end. The relations of the Stales 
to each other are, also, thus kept in view. 

Besides what relates to constitutional provisions, or their construe- 



it PREFACE. 

tion, in a strict sense, there are embraced here such notices of Acts of 
Congress, the common and statute law of the States, and the ordinary 
civil officers, their duties and powers, as the nature of the subject 
would admit; with the endeavour to illustrate, to this extent, the 
principles and administration of our government and laws. 

The book is designed to be a Manual, for popular use, and frequent 
and easy reference, on various topics of common and general interest ; 
to which order of disposition is an essential requisite. This plan 
demanded the employment of numerous divisions, titles and heads ; 
and it ought not, then, to be an objection, that, in some instances, 
there is a repetition of the same matter under different heads. 

That there should be a general knowledge, in the community, for 
practical purposes, of our institutions and laws, lies at the very founda- 
tion of our government. Where the political rights of all the citizens 
are equal, and every one is enabled to exert an influence in the adminis- 
tration of public affairs ; they should be well informed as to their rights 
and duties, and in regard to the powers conferred upon those whom 
they place in office. There is not so much weight to be attached to 
the existence of good forms of government, or just and beneficial 
laws, as to their application and execution ; and many late events, in 
our country, most seriously force upon the mind the consideration, 
that the due administration of the government and laws depends in a 
great degree upon the co-operation of the people at large ; and, of 
course, upon their intelligence and virtue. 

It is only a proper understanding of our civil institutions that can 
induce strong and settled attachment to their principles, and impart 
ability for their maintenance; compared with which all other impulses 
or sentiments in regard to them are as nothing. 

The propriety of inculcating this kind of information in the educa- 
tion of youth must be obvious. It is the writer's impression that the 
works published especially for this purpose have been either too 
technical and abstract ; or, in many instances, too simple. He con- 
ceives that there have been mistakes made, in forming too low an 
estimate of the capacity of youth to comprehend, and their disposi- 
tion to be interested in such studies. 

It seems that there are but wanting facilities of the right kind in 
order to secure the most useful attention to these subjects, among all 
classes of the community. 

An eminent jurist, and author on constitutional law, has observed : 
"Constitutions are instruments of a practical nature, founded on the 
common business of human life, adapted to common wants, designed for 
common use, and fitted for common understandings. The people make 
them ; the people adopt them ; the people must be supposed to read 
them, with the help of common sense ; and cannot be presumed to 
admit in them any recondite meaning, or any extraordinary gloss." 

Harrisburg, June 8th, 1845. 



TABLE OF CONTENTS. 



CONSTITUTION OF THE UNITED STATES. 



PART THE FIRST. 

OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA, 



CHAPTER I. 

Of the Government of the United States, in general. 



Of forms of government, in gene- 
ral, 
Of the government of the United 
States, its origin, principles and 
objects, 
Of the colonial governments, 
Of the Revolutionary Government, 

or Continental Congress, 
Of the Confederation of the States, 
Of the nature and powers, in gene- 
ral, of the federal government, 
Relations of the several States to it, 
classification of its powers, 24,25 

Its powers exclusive or concurrent, 25 



17 



Of the declared general rights and 
principles in the federal constitu- 
tion, 

Powers of the federal government 
distributed among several depart- 
ments, 

Departments of government, their 
organization and nature, 

Of the Territorial Governments, 

Of citizens of the United States, 
native and naturalized, 

Slaves, 

Aliens, their rights and disabilities, 



25 



25 

25 

27 
27 
27 
27 
28 



CHAPTER II. 



Of the Constitution of the United States 

Its adoption and its nature, 
Definition of a constitution, 
Constitutional law, 
Constitutional questions, how de- 
termined, 

power of Courts to decide, 

CHAPTER III. 

Of the Congress of the United States. 
Legislative department of the gov 



29,30 
29 
29 



Rules of interpretation, 32,34 

Preamble of the Constitution, 35 

construction of, 35 

Of Amendments to the Constitu- 
tion, 36 



eminent, 37 

Congress consisting of two branches, 37 
Organization of Congress. 37 



SENATE OE THE UNITED STATES. 

Organization of the Senate, 3S 

Number of Senators, qualifications, 
election, term of service, vacan- 
cies, 38,30 



CONTENTS. 



Power as to appointments to office, 39 

Power as to impeachments, 40 

nature of impeachments, 40 

Power as to treaties, 41 

treaties how made, and 

their authority, 41 

HOUSE OF REPRESENTATIVES OF THE 
UNITED STATES. 

Organization, 41 

Number of Representatives, appor- 
tionment, qualifications, election, 
terms of service, vacancies, 41.43 
Delegates from Territories of the 

United States, 43,44 

Of the duties, privileges and powers of 

Congress. 
Time of meeting, 44 

power of the President to convene, 44 
Adjournment. 44,55 

Oath of office, 45 

Privilege of members from arrest, 45 
Freedom of debate, 45 

Incompatibility of offices, 46 

Compensation of members of Con- 

46 



Separate duties and powers of each 

House. 
To judge of elections and qualifica- 
tions of members, 47 
Quorum, 47 
Election of officers, 47 
Rules of proceeding, 47 
To sit with open doors, 47 
Journal, 47 
Yeas and nays, 48 
Punishment of members, 48 
Expulsion of members, 48 
Contempt of either House, 48 
Adjournment, 48 
Of the powers and duties of Congress, 
Limitation of powers of Congress, 49 
Division of its powers, as enumer- 
ated or express, and incidental, 49 
and as exclusive or concurrent, f>0 
Resulting powers, 50 

Enumerated powers of Congress. 
Of those powers in general, 50 
as exclusive or concurrent, 5 1 
As to taxes, and revenue, 51 
meaning of " imposts and ex- 
cises," and duties, 51 
meaning of direct and indirect 

taxes, 52 

as to a tariff, 52 



PAGE, 

as to a national bank, 52 
prohibitions to Congress, 53 
prohibitions to the several States, 53 
Drawing money out of the trea- 
sury, 53 
Power of Congress to borrow mo- 
ney, 54 
Power of Congress to regulate com- 
merce, 54 
Power of Congress to naturalize 
aliens, 57 
naturalization of aliens, 58 
Power of Congress to pass bank- 
rupt laws, 59 
of bankrupt and insolvent laws, 59 
Coining money, and currency, 59 
Weights and measures, 60 
As to post roads and post-offices, 61 
As to copy rights and patent rights, 61 
As to piracies and felonies on the 

high seas, 62 
As to offences against the law of 

nations, 62 

As to war, 62 

letters of marque and reprisal, 62 

prohibition to the several States, 62 

As to the army, ' 62 

As to the navy, 62 

prohibitions to the several States, 62 

As to the militia, 63 

acts of Congress for organizing 

and arming,. 63 
for calling forth the militia into 

actual service, 64 
As to legislation over the District of 

Columbia &c, 64 

Treason and punishment of, 6 1 
Territoty and property of the United 

States, 65 

Public lands, 65 

as to acquiring foreign territory, 66 

Territorial governments, 66 

As to admission of new States into 

the nion, 67 
General provision of the federal 
constitution as to the powers of 

Congress, 69 
As to the proof of public acts and 
records of any State in every 

other State, 69 

Acts of Congress, or laws of the 
Unittd States. 

How may laws originate in Con- 
gress, 70 
How laws are enacted in Congress, 70 



CONTENTS. 



Every bill or joint resolution to be 
presented to the President of the 
United States, 

his approval or disapproval, 

How bills are originated, and pro- 
ceeded upon in Congress, 



71 



Authority of the laws of the United 

States, 
When they take effect, 
May be declared unconstitutional 

and void, 



72 
73 



73 



CHAPTER IV. 



Of the powers prohibited to Congress, and the federal government. 



Of powers prohibited, in general, 
As to the importation of slaves, 
importation of slaves from foreign 
countries punished as piracy by 
act of Congress, 
As to the writ of habeas corpus 
explanation of the writ, 
As to bills of attainder, 
explanation of, 
As to ex post facto laws, 

explanation of, 
As to taxes or duties, 
capitation or direct taxes to be in 
proportion to the number of tax- 
ables, &c. 



no tax on exports, 

No preference of one State over an- 
other, 

As to drawing money from the trea- 
sury, 

As to titles of nobility, 

As to the establishment of religion, 
and the exercise thereof, 

As to the freedom of speech and of 
the press, 

As to the right of petition, 

General provision of the federal con- 
stitution as to powers not dele- 



76 
CHAPTI 



Of the powers prohibited to the several States. 



The prohibition express, or implied, 

absolute or qualified, 78 

As to making treaties or alliances, 78 

As to engaging in war, &c. 79 

As to keeping troops, SfC. 79 
As to coining money, or emitting 

bills of credit, &c. 79 

As to laws impairing contracts, 79 



construction of this prohibition, 
As to ex post facto laws, 
As to bills of attainder, 
As to titles of nobility, 
As to duties on imports or exports, 
As to duties on tonnage, 
As to fugitives from justice, 
construction of, 



76 
76 

76 

77 

77 

77 

77 



77 



79 
80 
80 
80 
80 
80 
81 
82 



CHAPTER VI. 

Of certain rights and privileges, expressly secured to the several 
States, and the citizens thereof, by the federal Constitution. 

As to fugitives from labor or service, 84 



Nature of these rights and principles, 83 
As to the public acts and records of 

each State, 83 

Rights of citizens of each State in 

the others, 83 

As to fugitives from justice, 84 



As to a republican government in 
each State, 85 

Protection of each State against in- 
vasion, 85 
against domestic violence. 85 



CHAPTER VII. 

Of certain general principles and declarations of rights, contained 
in the federal Constitution. 

Nature and object of these provi- | As to trial by jury, 86 

sions, their authority and force, 85, 86 I As to searches and seizures. 87 

A* to the writ of Habms Corpus, 86 As to warrants, 87 



CONTENTS, 



PAGE. 

As to trial by indictment, 87 

As to the rights of an accused per- 
son, to be informed of the cause 
of his accusation, 87 

to be confronted with the witnesses 

against him, 87 

to have process for his witnesses, 87 
to have the aid of counsel, 87 

not to be twice put in jeopardy of 

life or limb, 87 

not compelled to be witness against 



himself, 

Protection by " due process of law," 

As to excessive bail, 

As to excessive fines and cruel pun- 
ishments, 

Security of private property, 

Right of the people to bear arms, 

As to quartering of soldiers upon 
private persons, 

Reservation of powers to the States 
respectively, or to the people. 



PAGE. 

87 

88 
88 



88 
88 
88 

88 

88 



Executive department 

government, 
Qualifications for President, 
Mode of election, 

presidential electors, 
Duration of office, 
Oath of office, 
Compensation, 

Power as to the army and navy, 
Power as to the militia, 
Power of pardon and reprieve, 
Consulting power, 
Power as to treaties, 
Power as to appointments to office, 

as to removal of officers, 
Power as to bills of Congress, 

his veto power, 
Power to convene Congress, 
Power to adjourn Congress, 
Duty to give information to Con- 



CHAPTER VIII. 

Of the President of the United States . 

of federal 



89 
89 
90 
91 
92 
92 
92 
92 
93 
93 
93 
93 
94 
94 
95 
95 
95 

95 

Power to receive ambassadors, 95 

To take care that the laws be faith- 
fully executed, 95 
Impeachment of the President, 95 
Vacancy in office, how filled, 96 

Vice President of the United States. 
Election of, 96 

Qualifications, 96 



Compensation, 


96 


To be President of the Senate, 


96 


When to act as President of the U. S. 9( 


Vacancy in office, how filled, 


97 


Executive officers of the United States. 


Officers classed as executive and 




judicial, 


98 


and the executive, as civil and 




military, 


98 


Offices, how created, 


98 


Appointment, and removal of, 


98 


Commissions, 


98 


As to religious tests of, 


98 


Oath of office, 


98 


Impeachment of, 


99 


Executive Departments. 




Heads of Departments, 


99 


appointment of, 


99 


cabinet of the President of the U. S. 9t 


State Department, 


100 


Treasury Department, 


100 


War Department, 


100 


Navy Department, 


101 


Post Office Department, 


101 


Ambassadors, SfC. 


101 


Consuls, 


102 


Districts of the United States, and 




officers therein. 


102 



CHAPTER IX. 



Of the Judiciary of the United States 

The judicial powers of the federal 
government, 103 

its nature and powers, as a depart- 
ment of the government, 103 

Jurisdiction in general, 104 

Judges, appointment of, tenure of 



office, compensation, 104-5 

Supreme Court of the United States, 

organization, jurisdiction, 105-6 

Circuit Courts of the United States, 

organization, jurisdiction, 107 



CONTENTS. 



PAGE. 

District Courts, of the U. States, 
organization, jurisdiction, 107-8 

Officers of the United States courts, 
attorneys, and counsellors at law, 108 

Attorney General of the U. States, 108 

District Attornies of the U. States, 108 



PAGB. 

Marshals, 109 

Goals and prisons, 109 

Jurisdiction of State courts and ma- 
gistrates under the laws of the 
United States. 109 



PART THE SECOND. 

OF THE GOVERNMENTS OF THE SEVERAL STATES, 



CHAPTER I. 

Of the governments of the States. 



Each State a republic, 111 

Principles of government, 111 
"When the several States became 

independent, 112 

Constitutions of the several States, 113 
Relations of the several States to 

the federal government, 113 

Relations of the States to each other, 1 1 3 



Classification of the provisions of 
the State constitutions, 114 

The State governments of limited 
powers, 115 

Division of the powers of govern- 
ment, in the several States, into 
different departments. 115 



CHAPTER II. 



Of the municipal law, in general, of the several States. 

Corporations, definition, 

aggregate and sole, 
ecclesiastical and lay, 
eleemosynary and civil, 
public and private, 

Persons, adults and infants, 



116 
116 
116 
117 
117 
117 
1)7 



Definition of municipal law, 
Written or statute law, 
Constitutions, 
Treaties, 
Statutes, 
when a statute takes effect, 
the latest statute prevails, 
a statute may be declared uncon- 
stitutional and void, 11 8 
Common or unwritten law, defined, 118 
Equity or chancery law, 119 
The law of nations, defined, 119 

Divisions, and definitions, in law. 
Rights and wrongs, 120 

Rights of persons, # rights of things, 120 
Private wrongs and public wrongs, 120 
Persons natural and artificial, 121 

2 



121 
121 
121 
121 
121 
123 
123 
123 
123 



Persons, males and females, 

Public and private persons, 

Citizens and aliens, 

Husband and wife, parent and child, 

master and servant, guardian and 

ward, 1 24 

Slaves, 124 

Property in possession, or in action, 125 

property, real or personal, 125 

Testator and intestate, 125 

Executors and administrators, 125 

Division of time, in law, 1 25 

Territorial divisions. 126 



CONTENTS. 



CHAPTER III. 

Of the Declaration of Rights, in a State. 



PAGE. 

Definition, 126 

Equality of rights, 127 

As to hereditary titles, 127 

Supreme power of the people, 127 

Religious liberty, ] 28 

As to religious tests, 128 

Liberty of speech, and of the press, 128 

Security of property, 129 

Security of contracts, 129 

Right of petition, 129 

Right of the people to assemble, 129 

As to ex post facto laws, 1 29 

As to bills of attainder, 129 



PAGE, 

As to the writ of Habeas corpus, 130 
As to warrants, searches & seizures, 130 
As to bailing prisoners, 130 

Trial by indictment, 130 

R ight of the accused in criminal cases, 1 3 1 



Right of trial by jury, 

As to fines and punishments, 

Attainder, 

As to suspension of laws, 

Right to bear arms, 

As to administration of justice, 

As to imprisonment for debt, 

Right of emigration. 



131 
131 
132 
132 
132 
132 
132 
132 



CHAPTER IV. 

Of the Legislatures of the several States. 



Legislative power of a State, 133 

Division into two branches, 133 

Qualifications of members, 134 

Number of members, 1 33 

Apportionment of members, 134 

Election of members, 134 

Term of service of members, 134 

Time of meeting, 135 

Adjournment of, 135 
Privilege of members from arrest, 135 

Compensation of members, 1 36 

Freedom of speech in debate. 136 
Separate power and duties of each 

House. 
General powers and privileges, 136 
To judge of the election and quali- 
fication of members, 136 
As to a quorum, 136 
Officers, 136 
Rules of proceeding, 136 
Power to punish its members, 1 37 
Expulsion of members, 137 
To sit with open doors, 137 



Journals, 137 

Yeas and nays, 137 

Power to punish for contempt, 137 

General duties and powers of the State 

Legislatures. 
Powers derived from the State con- 
stitutions, 138 
Powers granted, express or implied, 138 
Powers prohibited, expressly im- 
pliedly, 139 
Powers prohibited by federal con- 
stitution, 139 
As to the appointment of officers, 140 
Impeachment of officers, 140 
As to the mode of enacting laws, 140 
bills to be presented to the gover- 
nor of the State, 1 40 
his approval or disapproval, 140 
Of the acts of Assembly, or statute 
of a State, 141 
where filed and recorded, 141 
publication of. 141 
proof of, 141 



CHAPTER V. 

Of the Governors of the several States 

Of the executive department of a 

State, 142 

Supreme executive power generally 

vested in a governor, 
Executive council in some States, 
Qualifications for. 
Election, 



142 
143 
143 
143 



Term of service, 
Compensation, 
Duties and powers, 

as to the Legislature, 
As to bills of the Legislature, 
Power of appointing officers, 
Military power. 



143 
143 
143 
143 
144 
144 
144 



CONTENTS. 



Power of pardon, 

Impeachment of, 

Vacancy in office, how filled, 



PAGE. 

144 
145 
145 



PA9E. 

Lieutenant Governor, 145 

Chief executive State officers, or 
Heads of Departments. 145 



CHAPTER VI. 





ral courts, 


148 


146 


Judges, appointment of, 


148 




duration of office, 


148 


146 


salaries, 


148 




impeachment, 


148 


146 


removal from office, 


149 


146 


incompatibility, 


149 


146 


Mayor's or Recorder's Court, 


149 


147 


Justices of the Peace, 


149 


147 


Aldermen, 


150 




Officers of the State courts, 


150 


147 


Prothonotary, or clerk, 


150 




Sheriffs, 


150 


147 


Attornies at law, 


150 




Attorney General, 


151 


148 


Prosecuting Attornies, 


151 




Constables. 


151 



Of the Courts and Judiciary of the States. 

Of the judicial power of the several 
States, 

Courts of original, and appellate, 
jurisdiction, 

Courts of civil, and criminal, juris- 
diction, 

Courts of record, and not of record, 

Courts of equity or chancery, 

The ordinary courts in a State, 
organization of, 

Jurisdiction of State courts under 
the laws of the United States, 

State courts may declare laws un- 
constitutional and void, 

Appeal to the Supreme Court of 
the U. States from State courts, 

Jurisdiction concurrently with fede- 

CHAPTER VII. 

Of the States, and State officers ; and counties and townships, 
and the officers thereof. 

Of Counties and County Officers. 
States divided into counties and 
townships : and of cities and bo- 
roughs, 157 
Counties, organization of, 157 
County taxes and expenditures, 158 
Courts in a county, 158 
County officers, 158 
Prothonotary, or clerk of courts, 158 
Register, 158 
Recorder, 159 
Prosecuting attorney, 159 
Sheriff, 159 
Coroner, 160 
County trustees or commissioners, 160 
County treasurer, 160 
County auditors, 160 
Of townships, and township Officers. 
Justices of the Peace, 161 
Supervisors of roads, 161 
Directors of the Poor, 162 
Assessors, 162 
Collectors of taxes, 162 
Constables, 162 



Officers, in general, 


152 


State, county or township, 


152 


judicial or executive, 


152 


civil or military, 


152 


offices, how created, 


152 


power of appointment, in general, 


152 


Electors, right to vote, 


152 


Elections, how held, 


153 


Duration of office, 


153 


Tenure of office, 


153 


Qualifications for office, 


153 


Religious sentiments, 


154 


Incompatibility of offices, 


154 


Impeachment, 


154 


Removal from office , 


154 


Oath of office. 


155 


States and State Officers. 




State officers, 


155 


Executive department, 


155 


Governor, df Heads of Departments 


155 


Taxation and revenue, 


155 


State loans and stocks, 


156 


Secretary of State, 


156 


State Treasurer, 


157 


State Auditor, 


157 



CONTENTS. 



PAGE. 

School directors, 163 

Township auditors, 163 

Of Cities and Officers therein. 

Definition, 163 

Division into wards, 164 

Officers, corporate, 164 

officers, under general law, 1 64 

Mayor, 164 



PAGE. 

Aldermen, 165 

Of Boroughs, and Officers therein. 

Definition, 165 

part of township, 165 

divided into wards, 165 

Officers, corporate, 165 

Officers under general law. 165 



CONSTITUTION OF PENNSYLVANIA. 



PART THE THIRD. 

OF THE GOVERNMENT OF PENNSYLVANIA. 



CHAPTER I. 

Of the Government of Pennsylvania, in general. 



The State a republic, 187 

principles of government, 187 

Constitution of the State, 188 

Relation to the Union, 188 

Relation to the other States severally, 



Classification of provisions of the 

State constitution, 189 

Departments of government, 
legislative, executive and judicial. 190 



CHAPTER II. 

Of the municipal law of Pennsylvania, in general. 

192 



Definition of municipal law, 
Divided into common or unwritten 
law, and statute or written law, 192 



Explanation of common law, 192 

Explanation of statute or written law, 193 
Rules for construction of statutes. 193 



CHAPTER III. 

Of the Declaration of Rights of Pennsylvania. 



Its nature and authority, 1 95 I 

Equality of rights, 195 

Supreme power of the people, 1 96 | 

As to religion & rights of conscience, 196 j 
Freedom of elections, 196 i 

Trial by jury, 197 j 

Freedom of speech, and of the press, 197 j 
prosecutions for libels, 197 

Searches and seizures, 197 

Rights of accused in criminal cases, 198 



Security of private property, ] 98 

Courts and administration of justice, 199 
Suspension of laws, 199 

Bailing of prisoners, 199 

Fines and punishments, 199 

Writ of Habeas corpus, 200 

Commissions of Oyer & Terminer, 200 
Imprisonment of debtors, 200 

fSx post facto laws, 201 

Laws impairing contracts, 201 



CO>fT. 


BNT3. 


xiii 


PAGE. 




PAGE. 


201 


As to the quartering of soldiera, 


202 


202 


No titles of nobility, 


203 


202 


Tenure of offices, 


203 


202 


As to emigration. 


203 


, 202 







Attainder of treason and felony. 

Right of petition, 

Right to bear arms, 

As to a standing army, 

Military power to be subordinate, 

CHAPTER IV. 

Of the Legislature of Pennsylvania. 

Legislative department, 204 | bers, 4-c. 

Divided into Senate and House of as to vacancies, 

Representatives, 204 Quorum of each House, 

Branches act separately, 204 | Elections of officers, 

Assent of both necessary to pass a | Rules of proceeding, 

l aw 204 i Power to punish members, and ex- 

pulsion of, 
Doors of each House to be open, 



209 
210 
210 
210 
210 



SENATE Z 

Election of Senators, and term of 

service, 204 

Number and apportionment, 205 

Qualifications, 205 

Power as to appointment of officers, 205 
To try impeachments, 206 

HOUSE OF REPRESENTATIVES : 

Election of members, and term of 

service, 208 

Qualifications, 206 

Number of members, apportionment, 207 
Bills for revenue must originate in, 207 

Of the duties, powers and privileges, 
of the Legislature. 

Time of meeting of the Legislature, 207 



Governor may convene, 
members may be compelled to at 
tend, 
Adjournment of the Legislature, 
Privilege of members from arrest, 
Freedom of speech in debate, 
Incompatibility of offices, 
Compensation of members, 



210 
211 
211 
211 



Yeas and nays 

Power to punish for contempt, 

As to proceedings of the Governor, 211 

Adjournment, 211 

Of the general duties and poivers of 

the Legislature. 
Its powers defined by State consti- 
tution, 212 
its powers limited, by constitutions 
of the U. States and of the State, 212 

212 
212 
213 
213 
213 



207 



general nature of its powers, 
Divorces, 
Revenue, 
State Treasurer, 
Corporations, banks, 
Taking private property for public 
use, 

-"08 i J ^ u ^ a > 

2 ()8 I Schools, seminaries, 
tyn.Q Amendments to the constitution, 
20o | Of the mode of enacting laws, 
9f) o j Of acts of assembly, 
~^ () filed and recorded in office of Sec- 
retary of the Commonwealth, 

Separate powers and duties of each I how published, 

House. j their force an d' effect, 

Nature of the powers of each House, 209 j may be declared unconstitutional 

To judge of the election of its mem- j and void. 

CHAPTER V. 



213 
213 
214 
214 
215 
216 

216 

217 
216 

216 



Supreme executive power, 
Election ; Qualifications ; 
Term of office ; Re-eligibility ; 
Oath of office ; salary ; 
Military power, 
Power of appointment, 
Power of pardon and reprieve, 



Of the Governor of Pennsylvania. 

217 I To give information to the Legisla- 
217 ture, 220 

217 power of the Legislature as to his 

218 acts and proceedings, 220 

218 Power to convene the Legislature, 221 

219 to adjourn the Legislature, 221 

220 | Power as to legislation ; veto power ; 22 ^ 



CONTENTS. 



PAGE. 

General duty as to the execution of 

the laws, 221 

Impeachment of the Governor, 221 



JPAGE. 

Vacancy in office, how supplied, 222 
Chief executive departments, Heads 
of Departments. 222 



CHAPTER VI. 

Of the Judiciary of Pennsylvania. 

223 



Judicial department, 

Judges ; how appointed ; 
duration of office ; tenure of office ; 
salaries; incompatibility; 223 

Courts, 225 

Supreme Court of Pennsylvania. 

Organization, districts, 225 

Jurisdiction, 225 

appeals and writs of error, 226 

Courts of Nisi Prius, in Philadel- 
phia, 

Decisions final, 

Appeal from it in certain cases, 
to the Supreme Court of the 
United States, 

Courts of Common Pleas. 

Organization, and jurisdiction, 
judicial districts, 
Courts of Oyer and Terminer, $c. 

Organization, and jurisdiction, 227 

Courts of Quarter Sessio?is of the Peace. 

Organization and jurisdiction. 227 



226 
226 
226 

226 



226 
226 



227 

228 

228 

228 
229 
229 



Register's Courts. 
Organization and jurisdiction, 
Orphans' Courts. 
Organization and juridiction, 
District Courts. 
Organization and jurisdiction, 
Officers of courts. 
Prothonotaries and clerks, 
Sheriffs, 

Attornies-at-law, 
Attorney General of Common- 
wealth, 229 
Deputies, or prosecuting attornies, 230 
Of Jurors, 230 
grand jurors, 231 
petit jurors, 231 
Justices of the peace, 232 
election, jurisdiction, 232 
Aldermen, 233 
election, juiisdiction, 233 
Constables, 233 
Tipstaves. 234 



CHAPTER VII. 



Of the State, its citizens and officers ; and counties and townships, 
cities and boroughs, and officers thereof. 

The State a body politic, 

State seal, 

State prosecutions, 



Style of process, 

Citizens of the State, 

Aliens, rights 4"C. 

Free colored persons, 

Citizens of other States, 

privileges in the State, 

Census or enumeration of inhab- 
tants, 

Of officers in general, 

Constitutional provision as to ap- 
pointment, 

New offices, how created, 

Divided into States officers, county 
officers, and township officers, 
city and borough officers, 

Officers, judicial or executive ; civil 



235 
235 
235 
235 
235 
236 
236 
237 
237 

237 
238 

238 
238 



238 



or military, 238 
Religious sentiments, 239 
Residence of officers, 239 
Duellist disqualified, 239 
Commissions, 239 
Incompatibility of offices, 240 
Re-eligibility, 240 
Oath of office, 241 
Tenure of office, 241 
Impeachment ; removal, 241 
Indictable for neglect and misde- 
meanor, 242 
Right to office, how determined, 242 
State and State officers, 243 
State administration, 243 
Governor, & heads of departments, 243 
Executive department, 243 
Salaries paid by State 243 
Revenue of State. 243 



CONTENTS, 



PAGE. 

State taxes, 243 

State treasury, 244 
Auditor General to settle claims 

against the State, 244 

Expenditures of State, 244 

State stocks, what, 245 

Secretary of the Commonwealth, 

mode of appointment, 245 

duties in general, 245 

compensation, 245 

Deputy Secretary <$c, 245 

Attorney General, 245 

State Treasurer, 246 

elected by Legislature, 246 

Auditor General, 246 

mode of appoitment, &c. 246 

duties, in general, 246 

proceedings to settle and pay 

claims, against the State, 247 

due to the State, 247 

Surveyor General, 247 

Canal Commissioners, election, 

duties, in general &c, 248 

Counties asd county officers, 249 

State divided into counties, dj-c. 

Counties how created, 249 

bodies corporate and politic, 249 

County taxes and expenditures, 249 

Courts, 250 

Jurors, 251 

County commissioners, 251 

election, powers, duties, <^c. 251 

enumeration of taxable inhabi- 



PAGK. 

tants, Sfc. 251 
county rates and levies or taxes, 253 
how assessessed and collected, 253 
County Treasurer, election, duties, 255 
Register, 256 
Prothonotary, Clerks of Courts ; 256 
Recorders ; 257 
recording deeds, mortgages, c^-c. 257 
Sheriff, his powers and duties, 260 
Coroner, his powers and duties, 260 
Directors of the Poor, 261 
County Auditors, 261 
Deputy Surveyors, 262 
Notaries Public, 262 
Townships, <$■ township officers, 
Erection of townships, 263 
Townships, bodies corporate, 263 
Township officers, 264 
Township elections, 264 
Township taxes, 264 
how assessed and collected, 264 
Supervisors, election, duties, 4-c. 265 
Assessors, election, duties, Sfc. 265 
Township Clerk, 266 
Township Auditors, election, du- 
ties, Sfc. 266 
Overseers of the Poor, 267 
Justices of the Peace, 268 
Constables, 268 
Cities, officers corporate, 268 
officers under general laws, 269 
Boroughs, officers corporate, 269 
officers, under general law. 269 



CHAPTER VIII. 

Of elections. 



Of elections, in general, 
Qualifications of electors, 
Privilege of electors, % 
Several kinds of elections, 
Officers of elections, 
Mode and place of voting, 



270 
270 
270 
270 
271 
271 



Manner of conducting, 
Plurality of votes, 
General elections, 
Township elections, 
Special elections, 
Presidential elections, 



CHAPTER IX. 



Common School System. 



Constitutional provisions, 275 

Old mode of teaching the poor gratis, 275 
Common School funds, 276 

Superintendent of Common 

Schools, 277 

School districts, 278 



School directors, 

School tax, 

Treasurer of school district, 

Teachers, 

Non-accepting districts, 

Colleges and Academies, 



271 

272 
272 
274 
274 
274 



279 
280 
281 
281 
281 
282 



CHAPTER X,-~ Militia, 



CONSTITUTION 



OF THE 



UNITED STATES OF AMERICA 



WE, the People of the United States, in order to form a more 
perfect Union, establish justice, insure domestic tranquility, provide 
for the common defence, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE I. 
Section 1. 

All legislative powers, herein granted, shall be vested in a Congress 
of the United States, which shall consist of a Senate and House of 
Representatives. 

Section 2. 

1. The House of Representatives shall be composed of members 
chosen every second year, by the people of the several States ; and 
the electors in each State, shall have the qualifications requisite for 
electors of the most numerous branch of the State legislature. 

2. No person shall be a Representative, who shall not have attained 
to the age of twenty-rive years, and been seven years a citizen of 
the United States, and who shall not, when elected, be an inhabitant 
of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned, among 
the several States which may be included within this Union, according 
to their respective numbers, which shall be determined by adding to 
the whole number of free persons, including those bound to service 
for a term of years, and excluding Indians not taxed, three-fifths of 
all other persons. The actual enumeration shall be made within 
three years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten years, in such manner 

1 



2 . CONSTITUTION OF THE 

as they shall by law direct. The number of Representatives shall not 
exceed one for every thirty thousand, but each State shall have at least 
one Representative; and, until such enumeration shall be made, the 
State of New Hampshire shall be entitled to choose three, Massachu- 
setts eight, Rhode Island and Providence Plantations one, Connecticut 
five, New York six, New Jersey four, Pennsylvania eight, Delaware 
one, Maryland six, Virginia ten, North Carolina five, South Carolina 
five, and Georgia three. 

4. When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election, to fill 
such vacancies. 

5. The House of Representatives shall choose their Speaker, and 
other officers, and shall have the sole power of impeachment. 

Section 3. 

1. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof for six 
years ; and each Senator shall have one vote. 

2. Immediately after they shall be assembled, in consequence of 
the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year ; of the second class at 
the expiration of the fourth year ; and of the third class at the 
expiration of the sixth year; so that one-third may be chosen every 
second year. And if vacancies happen by resignation, or otherwise, 
during the recess of the legislature of any State, the executive thereof 
may make temporary appointments, until the next meeting of the 
legislature, which shall then fill such vacancies. 

3. No person shall be a Senator, who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a Presi- 
dent pro tempore, in the absence of the Vice President, or when he 
jhall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside. And no person shall be convicted without the con- 
currence of two-thirds of the members present. 

7. Judgment in cases of impeachment, shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit, under the United States ; but the 
party convicted shall, nevertheless, be liable and subject to indictment, 
trial, judgment and punishment, according to law. 



UNITED STATES. O 

Section 4. 

1- The times, places and manner of holding elections for Senators 
and Representatives, shall be prescribed in each State, by the legisla- 
ture thereof; but the Congress may at any time, bylaw, make or 
alter sneh regulations, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall, by law, appoint a different day. 

Section 5. 

1. Each House shall be the judge of the election, returns and 
qualifications of its own members, and a majority of each shall con- 
stitute a quorum to do business ; but a smaller number may adjourn 
from day to day, and may be authorised to compel the attendance of 
the absent members, in such manner, and under such penalties, as 
each House may provide. 

2. Each House may determine the rules of its proceedings, punish 
its members for disorderly behaviour, and, with the concurrence of 
two-thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in their 
judgment, require secrecy ; and the yeas and nays of the members of 
either House, on any question, shall, at the desire of one-fifth of 
those present, be entered on the journal. 

4. Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place, than that in which the two Houses shall be sitting. 

Section 6. 

1. The Senators and Representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the 
treasury of the United States. They shall in all cases, except treason, 
felony, and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective Houses, and in going to, 
and returning from the same ; and for any speech or debate in either 
House, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time ; and no person 
holding any office under the United States, shall be a member of 
either House, during his continuance in office. 

Section 7. 

1. All bills for raising revenue shall originate in the House of 
Representatives ; but the Senate may propose or concur with amend- 
ments, as on other bills. 



4 CONSTITUTION OF THE 

2. Every bill, which shall have passed the House of Repre- 
sentatives and the Senate, shall, before it become a law, be presented 
to the President of the United States ; if he approve, lie shall sign 
it; but if not, he shall return it, with his objections, to that House in 
which it shall have originated, who shall enter the objections at large 
on their journal, and proceed to re-consider it. If, after such re-con- 
sideration, two-thirds of that House shall agree to pass the bill, it shall 
be sent, together with the objections, to the other House, by which 
it shall likewise be re-considered, and, if approved by two-thirds of 
that House, it shall become a law. But in all such cases, the votes 
of both Houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered on the 
journal of each House, respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted,) after it shall 
have been presented to him, the same shall be a law in like manner 
as if he had signed it, unless the Congress, by their adjournment, pre- 
vent its return, in which case it shall not be a law. 

3. Every order, resolution or vote, to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of adjournment,) shall be presented to the President of the 
United States, and, before the same shall take effect, shall be approved 
by him, or, being disapproved by him, shall be re-passed by two- 
thirds of the Senate and House of Representatives, according to the 
rules and limitations prescribed in the case of a bill. 

Section 8. 

The Congress shall have power: 

1. To lay and collect taxes, duties, imposts and excises, to pay the 
debts, and provide for the common defence and general welfare of the 
United States ; but all duties, imposts and excises, shall be uniform 
throughout the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes ; 

4. To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States ; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures ; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States ; 

7. To establish post offices and post roads ; 

8. To promote the progress of science and useful arts, by securing, 
for limited times, to authors and inventors, the exclusive right to their 
respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court ; 

10. To define and punish piracies and felonies committed on the 
high seas, and offences against the law of nations ; 



UNITED STATES. 5 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water ; 

12. To raise and support armies ; but no appropriation of money 
to that use shall be for a longer term than two years ; 

13. To provide and maintain a navy ; 

14. To make rules for the government and regulation of the land 
and naval forces ; 

15. To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions ; 

16. To provide for organizing, arming and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States,, reserving to the States, respectively, the 
appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation, in all cases whatsoever, over 
such district (not exceeding ten miles square,) as may, by cession of 
particular States, and the acceptance of Congress, become the seat of 
the government of the United States ; and to exercise like authority 
over all places, purchased by the consent of the legislature of the 
State in which the same shall be, for the erection of forts, magazines, 
arsenalsj dock-yards, and other needful buildings ; and 

18. To make all laws which shall be necessary and proper, for 
carrying into execution the foregoing powers, and all other powers 
vested by this constitution in the government of the United States, or 
in any department or officer thereof. 

Section 9. 

1. The migration or importation of such persons, as any of the 
States now existing shall think proper to admit, shall not be prohibited 
by the Congress, prior to the year one thousand eight hundred and 
eight; but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion, or invasion, the public 
safety may require it. 

3. No bill of attainder, or ex post facto law shall be passed. 

4. No capitation, or other direct tax, shall be laid, unless in 
proportion to the census, or enumeration, herein before directed to be 
taken. 

5. No tax or duty shall be laid on articles exported from any State. 
No preference shall be given, by any regulation of commerce or 
revenue, to the ports of one State over those of another ; nor shall 
vessels bound to or from one State be obliged to enter, clear, or pay 
duties, in another. 

6. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law ; and a regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 



6 CONSTITUTION OF THE 

7. No title of nobility shall be granted by the United States ; and 
no person, holding any office of profit or trust under them, shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, offiee or title, of any kind whatever, from any king, prince or 
foreign State. 

Section 10. 

1. No State shall enter into any treaty, alliance, or confederation ; 
.grant letters of marque and reprisal ; coin money ; emit bills of 
credit; make anything but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex post facto law, or law impair- 
ing the obligation of contracts ; or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what maybe absolutely 
necessary for executing its inspection laws ; and the nett produce of 
all duties and imposts, laid by any State on imports or exports, shall 
be for the use of the treasury of the United States ; and all such laws 
shall be subject to the revision and control of the Congress. No State 
shall, without the consent of the Congress, lay any duty on tonnage, 
keep troops or ships of war in time of peace, enter into any agree- 
ment or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger 
as will not admit of delay. 

ARTICLE II. 

Section 1 . 

1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term 
of four years, and, together with the Vice President, chosen for the 
same term, be elected as follows : 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole number 
of Senators and Representatives to which the State may be entitled in 
the Congress; but no Senator or Representative, or person holding an 
offiee of trust or profit under the United States, shall be appointed an 
elector. 

3. The electors shall meet in their respective States, and vote by 
ballot, for two persons, of whom one at least shall not be an inhabitant 
of the same State with themselves. And they shall make a list of all 
the persons voted for, and of the number of votes for each ; which 
list t they shall sign and certify, and transmit, sealed, to the seat of the 
government of the United States, directed to the President of the 
Senate. The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and 
the votes shall then be counted. The person having the greatest 

• 



UNITED STATES. 1 

number of votes shall be the President, if such number be a majority 
of the whole number of electors appointed ; and if there be more 
than one who have such majority, and have an equal number of votes,, 
then the House of Representatives shall immediately choose, by 
ballot, one of them for President ; and if no person have a majority^ 
then, from the five highest on the list, the said House shall, in like 
manner, choose the President. But in choosing the President, the 
votes shall be taken by States, the representation from each State 
having one vote : A quorum for this purpose shall consist of a 
member or members from two-thirds of the States, and a majority of 
all the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of 
votes of the electors shall be the Vice President. But if there should 
remain two or more, who have equal votes, the Senate shall choose 
from them, by ballot, the Vice President. [This clause altered and 
supplied by the XWth Amendment.'] 

4. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes, which day shall be 
the same throughout the United States. 

5. No person, except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, shall 
be eligible to the office of President ; neither shall any person be 
eligible to that office, who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United States. 
[_So also as to the Vice President. See Xllth. Amendment^ 

6. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties of the 
said office, the same shall devolve on the Vice President; and the Con- 
gress may, by law, provide for the case of removal, death, resignation 
or inability, both of the President and Vice President, declaring what 
officer shall then act as President, and such officer shall act accordingly, 
until the disability be removed, or a President shall be elected. 

7. The President shall at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected ; and he shall not 
receive, within that period, any other emolument from the United 
States, or any of them. 

8. Before he enter on the execution of his office, he shall take the 
following oath or affirmation : 

11 1 do solemnly swear (or affirm,) that I will faithfully execute the 
office of President of the United States, and will, to the best of my 
ability, preserve, protect, and defend the Constitution of the United 
States. 

Section 2. 

1. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the Several States, 



8 CONSTITUTION OF THE 

when called into the actual service of the United States ; he may 
require the opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices ; and he shall have power to grant reprieves and 
pardons for offences against the United States, except in cases of 
impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present, 
concur ; and he shall nominate, and, by and with the advice and 
consent of the Senate, shall appoint ambassadors, other public min- 
isters and consuls, judges of the Supreme Court, and all other officers 
of the United States, whose appointments are not herein otherwise 
provided for ,and which shall be established by law. But the Congress 
may, by law, vest the appointment of such inferior officers as they 
think proper, in the President alone, in the courts of law, or in the 
heads of departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions, 
which shall expire at the end of their next session. 

Section 3. 

He shall, from time to time, give to the Congress information of the 
state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both Houses, or either of them, 
and, in case of disagreement between them, with respect to the time 
of adjournment, he may adjourn them to such time as he shall think 
proper; he shall receive ambassadors, and other public ministers ; he 
shall take care that the laws be faithfully executed, and shall commis- 
sion all the officers of the United States. 

Section 4. 

The President, Vice President, and all civil officers of the United 
States, shall be removed from office on impeachment for, and conviction 
of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 

Section 1. 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may, from 
time to time, ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behaviour, 
and shall, at stated times, receive for their services a compensation, 
which shall not be diminished during their continuance in office. 



UNITED STATES. 9 

Section 2. 

1. The judicial power shall extend to all cases in law and equity, 
arising under this Constitntion, the laws of the United States, and 
treaties made, or which shall be made, under their authority ; to all 
cases affecting ambassadors, other public ministers and consuls ; to all 
cases of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party ; to controversies between 
two or more States, between a State and citizens of another State, 
between citizens of different States, between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and . 
consuls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men- 
tioned, the Supreme Court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such regulations as 
the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall 
be by jury ; and such trial shall be held in the State where the said 
crimes shall have been committed ; but when not committed within 
any State, the trial shall be at such place or places as the Congress 
may by law have directed. 

Section 3. 

1. Treason against the United States shall consist only in levying; 
war against them, or in adhering to their enemies, giving them aid 
and comfort. No person shall be convicted of treason, unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court 

2. Congress shall have power to declare the punishment of treason* 
but no attainder of treason shall work corruption of blood* or forfeiture^ 
except during the life of the person attainted. 

ARTICLE IV. 

Section 1. 

Full faith and credit shall be given in each State to the public acts* 
records and judicial proceedings of every other State. And Congress 
ma y» °y general laws, prescribe the manner in which such acts,, 
records and proceedings shall be proved, and the effect thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all privileges and 
immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other crime* 

2 



10 CONSTITUTION OF THE 

who shall flee from justice, and be found in another State, shall, on 
demand of the executive authority of the State from which he fled, be 
delivered up, to be removed to the State having jurisdiction of the crime. 
3. No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shUl 
be delivered up, on claim of the party to whom such service or laboi 
may be due. 

Section 3. 

1. New States may be admitted by Congress into this Union; but 
no new State shall be formed or erected within the jurisdiction of any 
other State, nor any State be formed by the junction of two or more 
States, or parts of States, without the consent of the legislatures of 
the States concerned, as well as of the Congress. 

2. Congress shall have power to dispose of, and make all needful 
rules and regulations respecting the territory, or other property, 
belonging to the United States ; and nothing in this Constitution 
shall be so construed, as to prejudice any claims of the United States 
or of any particular State. 

Section 4. 

The United States shall guarantee to every State in this Union a 
republican form of government, and shall protect each of them against 
invasion; and, on application of the legislature, or of the executive, 
(when the legislature cannot be convened,) against domestic violence. 

ARTICLE V. 

Congress, whenever two-thirds of both Houses shall deem it neces- 
sary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two-thirds of the several States, 
shall call a Convention for proposing amendments, which, in either 
case, shall be valid, to all intents and purposes, as part of this Consti- 
tution, when ratified by the legislatures of three-fourths of the several 
States, or by Conventions in three-fourths thereof, as the one or the 
other mode of ratification may be proposed by Congress : Provided, 
That no amendment, which may be made prior to the year one 
thousand eight hundred and eight, shall in any manner affect the first 
and fourth clauses in the ninth section of the first article ; and that 
no State, without its consent, shall be deprived of its equal suffrage in 
the Senate. 

ARTICLE VI. 

1. All debts contracted, and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation, 



UNITED STATES. 



11 



2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall be bound thereby, 
anything in the constitution or. laws of any State to the contrary 
notwithstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers, both of the United States and of the several States, 
shall be bound, by oath or affirmation, to support this Constitution ; 
but no religious test shall ever be required as a qualification to any 
office, or public trust, under the United States. 

ARTICLE VII. 



The ratification of the Conventions of nine States shall be sufficient 
for the establishment of this Constitution, between the States so ratify- 
ing the same. 

Done in Convention, by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our 
Lord one thousand seven hundred and eighty-seven, and of the 
Independence of the United States of America, the twelfth. In 
witness whereof, we have hereunto subscribed our names. 
GEORGE WASHINGTON, 
President, and Deputy from Virginia, 



John Langdon, 
Nicholas Gilmam. 
Massachusetts. 
Nathaniel Gorhan, 
Rufus King. 

Connecticut. 

Wm. Sam'l Johnson. 

Roger Sherman. 

New York. 

Alexander Hamilton. 

New Jersey. 
William Livingston, 
David Brearly, 
William Patterson, 
Jonathan Dayton. 
Pennsylvania. 
Benjamin Franklin, 



Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thos. Fitzsimmons, 
Jared Ingersoll, 
James Wilson, 
Gouverneur Morris. 

Delaware. 
George Read, 
Gunning Bedford, Jr. 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 

Maryland. 
James M'Henry, 
Dan'l St. Tho. Jenifer 



Maryland. 
Daniel Carroll. 

Virginia. 
John Blair, 
James Madison, jun. 

North Carolina. 
William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

South Carolina. 
John Rutledge, 
C. Cotesworth Pinkney, 
Charles Pinkney, 
Pierce Butler. 

Georgia. 
William Few, 
Abraham Baldwin. 



Attest — William Jackson, Secretary, 



12 CONSTITUTION OF THE 



AMENDMENTS. 

The following articles proposed by Congress, in addition to, and 
amendment of the Constitution of the United States, having been 
ratified by the legislatures of two-thirds of the States, are become a 
part of the constitution. 

ARTICLE I. 

(First Congress. First Session. March 4, 1789.) 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof ; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to 
assemble, and to petition the government for a redress of grievances, 

ARTICLE II. 

A well regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be 
infringed. 

ARTICLE III. 

No soldier shall in time of peace, be quartered in any house, without 
the consent of the owner, nor in time of war, but in a manner to be 
prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated ; and no warrants shall issue, but upon probable 
cause supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise infa- 
mous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, 
when in actual service in time of war or public danger : nor shall any 
person be subject, for the same offence, to be twice put in jeopardy of 
life or limb ; nor shall be compelled, in any criminal case, to be a 
witness against himself; nor be deprived of life, liberty or property r 
without due process of law ; nor shall private property be taken for 
public use, without just compensation. 



UNITED STATES, 13 



ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to a 
Speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall 
have been previously ascertained by law ; and to be informed of the 
nature and cause of the accusation ; to be confronted with the wit- 
nesses against him ; to have compulsory process for obtaining wit- 
nesses in his favor; and to have the assistance of counsel for his 
defence. 

ARTICLE VIL 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved ; and no 
fact tried by a jury shall be otherwise re-examined in any court of 
the United States, than according to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respec- 
tively, or to the people. 

ARTICLE XI. 

(Third Congress* Second Session. December 2d, 1793.) 

The judicial power of the United States shall not be construed to> 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens 
Of subjects of any foreign State. 

ARTICLE XII. 

(Eighth Congress. First Session. October 17th, 1803.) 

The electors shall meet in their respective States, and vote by ballot, 
for President and Vice President ; one of whom at least shall not be 
an inhabitant of the same State with themselves ; they shall name in 



14 CONSTITUTION OF THE UNITED STATES. 

their ballots, the person voted for as President, and in distinct ballots, 
the person voted for as Vice President ; and they shall make distinct 
lists of all persons voted for as President, and of all persons voted for 
as Vice-President, and of the number of votes for each ; which lists 
they shall sign and certify, and transmit sealed, to the seat of the 
government of the United States, directed to the President of the 
Senate ; the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and the 
votes shall then be counted ; the person having the greatest number 
of votes for President, shall be the President, if such number be a 
majority of the whole number of electors appointed. And if no 
person have such a majority, then from the persons having the high- 
est numbers, not exceeding three on the list of those voted for as 
President, the House of Representatives shall choose immediately, by 
ballot, the President ; but in choosing the President, the votes shall 
be taken by States, the representation from each State having one vote; 
a quorum for this purpose shall consist of a member or members from 
two thirds of the States, and a majority of all the States shall be 
necessary to a choice ; and if the House of Representatives shall not 
choose a President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice 
President shall act as President, as in the case of the death or other 
constitutional disability of the President. The person having the 
greatest number of votes as Vice President, shall be the Vice Presi- 
dent, if such number be a majority of the whole number of electors 
appointed ; and if no person have a majority, then from the two 
highest numbers on the list, the Senate shall choose the Vice 
President ; a quorum for the purpose shall consist of two thirds of 
the whole number of Senators, and a majority of the whole number 
shall be necessary to a choice. But no person constitutionally 
ineligible to the office of President, shall be eligible to that of Vice 
President of the United States. 



THE UNITED STATES 
CONSTITUTIONAL MANUAL. 



/£" 



THE UNITED STATES 
CONSTITUTIONAL MANUAL. 



PART THE FIRST. 
Of the Government of the United States of America. 



CHAPTER I. 
OF THE GOVERNMENT OF THE UNITED STATES, IN GENERAL 

1. How many simple forms of government are there ? 
Three, monarchy, aristocracy and democracy. 

2. What is monarchy ? 

It is the government of one chief magistrate, under whatever title, 
as king, emperor, czar, or sultan. 

3. Are there different kinds of monarchy ? 

Monarchy may be despotic, where the chief magistrate has absolute 
power, and rules by his simple will and pleasure ; or it may be 
limited, by the monarch being obliged to rule in conformity to a fixed 
constitution of government and established laws, and where he is 
controlled by some other power in the state. 

4. What is aristocracy 1 

Aristocracy is the government of an order of nobility, the chief 
men, or 3. select number of persons in the State. Where the govern- 
ment is in the hands of very few persons it is called oligarchy. 

5. What is democracy ? 

It is the government of the people. 

6. Are not these forms of government often united and mixed ? 

Yes. 



18 OF THE GOVERNMENT [PART I. 

7. What is a republican government ? 

A government in which the people rule through their representatives. 

#. What is the form of government of this country ? 

The United States of America are a federal republic ; a formed by 
all the people of the United States in their original and aggregate 
capacity ; with a general government of limited powers, for national 
purposes, operating upon the individual citizens ; the several States 
having separate republican governments for the regulation of their 
internal affairs respectively, in accordance with the constitution of the 
Union. 

Under the system of government of this country, the supreme 
powers of government are divided, between the government of the 
United States and the governments of the individual States. The 
former, created by the federal constitution, is a government, in the 
proper sense of the term, within the sphere of its powers, as the 
latter, created by the constitutions of the States, are governments, 
within their several spheres ; the one thus operating in all the States, 
and the others separately in each State ; and there being a concurrent 
•operation in certain cases. 

'9. When did the United States become independent ? 

The original States, formerly colonies of Great Britain, became 
free and independent by their Declaration of Independence, on the 
fourth day of July 1776, the birth day of our national independence. 

The declaration, not the recognition of our independence has 
universally been regarded as our national era. 

10. How was the declaration of independence made? 

By the Congress of Delegates of the united colonies. The Con- 
gress was composed of delegates appointed by the people of the 
colonies, in their primary and sovereign capacity. 

" The declaration of the independence of all the colonies was the 
united act of all. It was a declaration by the representatives of the 
United States of America in Congress asssembled;" — "by the dele- 
gates appointed by the good people of the colonies." It was not an 
act done by the State governments then organized, nor by persons 
chosen by them. It was emphatically the act of the whole people of 
the united colonies, by the instrumentality of their representatives, 
chosen for that, among other purposes. It was an act of original, 
inherent sovereignty by the people themselves, resulting from their 
right to change the form of government, and to institute a new go- 
vernment, whenever necessary for their safety and happiness. No 
•State had presumed of itself to form a new government, or to provide 
for the exigencies of the times, without consulting the Congress on 
the subject; and when they acted, it was in pursuance of the recom- 

a See explanation of these terms, further on, p. 22, 



CH. I.] OF THE UNITED STATES. 19 

mendation of Congress. It was therefore the achievement of the 
whole, for the benefit of the whole. The declaration of independence 
has accordingly always been treated as an act of paramount and sover* 
eio-n authority, complete and perfect in itself, and by its own act 
working an entire dissolution of all political connexion with and alle- 
gience to Great Britain. And this, not merely as a practical fact, but 
in a legal and constitutional view of the matter by courts of justice." k 

11. What was the nature of the governments of the colonies, prior 
to the American Revolution ? 

The colonies were dependencies of Great Britain, owing allegiance 
thereto ; and they had governments, in respect to their local and inte-* 
rior affairs, organized, and exercising power, in accordance with the 
grants, commissions, and charters issued by the British king. 

There were three forms of colonial government ; viz, Provincial, 
Proprietary, and Charter Governments. 

First, the Provincial Governments were those established by the 
grants or commissions of the king, in which the whole political and 
civil power was to be exercised under his immediate authority and 
control. Under them there was a Governor of the Province, appoint- 
ed by the King, as his representative or deputy, and to be governed 
bv instructions ; and also a council, appointed in the same manner, 
who, besides their legislative authority, were to assist the governor in 
the discharge of his official duties. Provincial Assemblies were 
constituted, composed of the Governor, council, and the representa^ 
tives of the freeholders, which had the power of making local laws 
and ordinances, subject to the ratification or disapproval of the crown, 
The governor had power, with the advice of the council, to establish 
courts, to appoint judges, magistrates, and other officers, for the pro-* 
vince ; to pardon offences, and remit fines and forfeitures ; to raise 
military forces for defence ; and to execute martial law in time of 
invasion, war and rebellion. Appeals lay to the king in council from 
the decisions of the highest court of judicature of the province, as 
indeed they did from all others of the colonies. 

This form of government existed in the provinces of New-Hamp- 
shire, New-York, New-Jersey, Virginia, the Carolinas, and Georgia. 

Secondly, Proprietary Governments were those, under which the 
right of territory and jurisdiction was granted, by the king to one or 
more individuals, as proprietaries, subject to the sovereignty of the 
mother country. In these governments there were governors appoint- 
ed by the proprietaries, and legislative assemblies were convened 
under their authority. 

There existed three Proprietary governments at the period of the 
American revolution ; viz, those of Maryland, Pennsylvania, and 
Delaware. 

Thirdly, Charter Governments were those, established by the 

b 1 Story on the Cons. p. 198. 



£0 OF THE GOVERNMENT [PART I. 

charters of the king, and under which the colonies possessed the 
general powers of government, including the powers of legislation 
and taxation, within their own territorial limits; though dependent 
upon, and subject to the realm of England. 

The Charter Governments existed in Massachusetts, Rhode-Island 
and Connecticut. 

In Massachusetts, the governor was appointed by the king ; the 
council chosen by the General Assembly ; and the House of Repre- 
sentatives by the people. In Connecticut and Rhode-Island the 
governor, council and assembly where chosen by the freemen of the 
colony, and all other officers appointed by their authority. 

The following principles and circumstances were, notwithstanding 
the diversities of their organization of government, common to all the 
colonies. 

(1.) They enjoyed the rights and privileges of British born subjects,, 
and the benefit of the common law of England ; and all their laws 
were required to be not repugnant to, but, as near as might be, agree- 
able to the laws and statutes of England. 

(2.) In all the colonies local legislatures were established, one branch 
of which consisted of representatives of the people freely chosen. 

(3.) The colonies were considered, not as parcel of the realm of 
Great Britain, but as dependencies of the British crown, and owing 
allegience thereto, the king being their supreme and r > sovereign lord. 

(4.) The colonies had no direct political connection with each other. 
Each was independent of all the others ; and each, in a limited sense, 
was sovereign within its own territory. There was neither alliance 
nor confederacy between them. 

(5.) Though the colonies were independent of each other in relation 
to their domestic concerns, they were not wholly alien to each other. 
They were fellow subjects, and for many purposes one people. Every 
colonist had a right to inhabit, if he pleased, every other colony; 
and as a British subject, he was capable of inheriting lands by descent 
in every other colony. The commercial intercourse of the colonies, 
too, was regulated by the general laws of the British empire ; and 
could not be restrained, or obstructed by colonial legislation, 

12. What system of general government had the united colonies 
at first, preparatory to, and at the commencement of the American 
revolution ? 

A national or general government, organized by the representatives 
of the people, the authority of which was exercised by the Congress 
of Delegates, or Continental Congress. It was called the " revolu- 
tionary government." The first Congress assembled in 1774 ; and 
this government continued until the formation of the confederated 
government in 1781. 

"The Congress thus assembled, (in 1774) exercised de facto, and 
de jure a sovereign authority ; not as the delegated agents of the 



CH. I.] OF THE UNITED STATES. 21 

governments of the colonies, but in virtue of original powers derived 
from the people. 

" Thus was organized under the auspices, and with the consent of 
the people, acting directly in their primary and sovereign capacity, 
and without the intervention of the functionaries to whom the ordi- 
nary powers of government were delegated in the colonies, the first 
general or national government, which has been very aptly called 
" the revolutionary government," since in its origin and progress it 
was wholly conducted on revolutionary principles. 

" As soon as the continental Congress assumed powers and passed 
measures, which were in their nature national, to that extent the 
people, from whose acquiescence and consent they took effect, must be 
considered as agreeing to form a nation. 

" From the moment of the declaration of independence, if not for 
most purposes at an antecedent period, the united colonies must be 
considered as a nation de facto, having a general government over it, 
created, and acting by the general consent of the people of the 
colonies. 

" It was the result of an examination before the Supreme Court of 
the United States, that the congress, before the confederation 
possessed, by the consent of the people of the United States, sovereign 
and supreme powers for national purposes." c 

13. What system of general government was next adopted by the 
united States? 

After the declaration of independence, there was formed a confed- 
eration of the States, under the " Articles of Confederation." 

These were adopted by the Congress of Delegates in November,, 
1777, and finally ratified, so as to become obligatory upon all the 
States, in March 1781. 

14. What was the nature, in general, of that confederation ? 

It was a union of the States, declared to be perpetual, " for the 
common defence and general welfare ;" but it was in effect only a 
league between the States as independent communities, acting upon 
their governments severally, by the terms of which the authority of 
their Congress of Representatives was binding upon them, but without 
any provision for enforcing its requisitions, or adding any sanction to 
its laws. 

15. Did the confederation of the States answer the purposes 
designed by it ? 

It was found, after the termination of the revolutionary war, to be 
too weak for the ends of a national government. 

16. How was the present government of the United States formed ? 
By the agreement of the people, expressed in conventions of their 

e 1 Story on the Cons. p. 186, 200, 207. 



22 OF THE GOVERNMENT [PART I. 

representatives, whereby they adopted a written constitution for the 
government of the United States as a nation. See chapter II. 

17. What is the nature, in general, of the authority of the govern- 
ment of the United States ? 

The authority of the government of the United States proceeds 
from and acts upon the people as individual citizens thereof. 

18. What is the fundamental principle of our government ? 

The sovereignty or supreme power of the people ; or the right of 
the people to make laws to govern themselves. 

19. What is the principle of representation ? 

It is one of the leading principles in our general government, and 
in those of the States severally, by which the people exercise their 
supreme power through their representatives or delegates. 

20. Why is the government of the United States called a federal 
republic ? 

Because that in our political system there are several republican 
States, having separate and independent governments for local purpo- 
ses, which have particular relations to the general government and to 
each other, according to the constitution of the Union. 

21. What is the federal Constitution ? 
The Constitution of the United States. 

22. What is the federal government, as so called ? 

The government of the United States as distinct from the govern- 
ment of any particular State. 

23. What is the general government ? 

The government of the United States, in all its departments, legis- 
lative, executive and judicial. It is also called the national govern- 
ment. 

24. Is the Union completely sovereign, having supreme power for 
all purposes ? 

No ; it is not completely sovereign ; but it is sovereign in the 
exercise of the powers granted to it by the federal constitution. 

25. What is the extent, in general, of the powers of the general 
government ? 

The general government is possessed of only limited powers, as 
granted by the people of the United States in the federal Constitution, 
for national purposes only; all other matters being under the control 
of the State governments, or of the people of the States severally, 
except where it is prohibited by the federal constitution. 

26. Is any of the particular States sovereign? 

No single state is completely sovereign, or independent of the 
Union; but every State is sovereign in the exercise of its powers, 
consistently with the provisions of the federal constitution. 



CH. I.] OF THE UNITED STATES. 23 

27. What are declared in the federal constitution to be the objects 
for which it was established ? 

" In order to form a more perfect Union ; to establish justice, to 
insure domestic tranquility ; to provide for the common defence ; to 
promote the general welfare ; and to secure the blessings of liberty to 
ourselves and posterity." Cons, of U. S. Preamble. 

28. Are the laws of the United States supreme ? 

" The constitution, and the laws of the United States, which shall 
be made in pursuance thereof, and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land." Cons, of U. S. Art. VI. sect. II. 

29. What is, then, the nature of the general government, in its 
relations to the several States, and the people of the Union ? 

It extends over the Union, as one national community or body 
politic ; composed, not only of the people of the States, but to a 
certain degree of the States themselves, for the purpose of investing 
the States, as well as the people, with one national character.^ 

30. Is the Union between the people of the several States, thus 
formed by the federal constitution, intended to be perpetual ? 

Yes. As the government of the Union is the government of the 
people, it cannot be abolished or abrogated, except by their consent. 

31. Has any State then, or the people thereof, a right to recede 
from the Union, or to dissolve the relations subsisting between it and 
them ? 

No. 

32. Do the people, thus, owe allegiance and obedience to both the 
general government and the States respectively in which they reside ? 

Yes. 

33. How may the subject of the government of the United States 
be properly considered, in the view proposed to be here taken of it ? 

I. With regard to the particular structure and organization of the 
government. 

II. In relation to 'the powers vested in it ; and the restraints im- 
posed upon, and the rights secured to, the several States. 

34. What are meant by the "powers of the general government?" 
The powers vested, by the federal constitution, in the general 

government, or any department of it, or thus exercised in pursuance 
thereof. 

The powers of the general government, being distributed amongst 
its different departments, embrace the powers which may be consti- 
tutionally exercised either by any one department, or by all the 

dDuer's Constitutional Jurisprudence, p. 219, See Part the Second, ot 
this work, chap. i. 



2% OF THE GOVERNMENT [PART I. 

departments together. A power possessed by any one department 
must be included in the general powers of the government; it cannot 
exercise a power not comprehended therein. 

The rules of construction which are applicable to the powers of the 
general government, are proper, also, in regard to ,the powers of any 
particular department of it. 

35. How may the powers conferred by the federal constitution on 
the general government be classed ? 

The powers granted by the federal constitution are called; the 
enumerated powers, being the substantive and primary powers 
expressly specified ; the incidental powers, being secondary and 
subordinate powers necessary as means for executing or carrying into 
effect those enumerated powers : And these .two classes include all 
the powers conferred upon the general government, as there is an 
implied prohibition of all other powers. In the federal constitution 
the grant of powers is special, the prohibition of them general. 
There is also a class of powers in the federal constitution called, 
powers prohibited to the general government ; another class called 
powers prohibited to the States severally; and another class called, 
concurrent powers, or those wjiich from their nature, or the language 
of the constitution, may be exercised concurrently by the general 
government and the State governments, e 

36. Are the powers of the general government either exclusive or 
concurrent If 

Yes. 

37. Are there provisions, in the federal constitution, which may be 
classed as those which expressly secure certain rights and privileges to 
the several States, and the citizens thereof? 

Yes.g 

38. What are called powers reserved to the States severally, or to 
the people ? 

"The powers not delegated to the United States by the constitution, 
nor prohibited by it to the States, are reserved to the States respec- 
tively, or to the people." Cons, of U. S. Amendments, Art. X. g 

39. What may be called the declared general principles and 
rights, in the federal constitution ? 

Certain general principles and provisions, contained in the federal 
constitution, which are restrictive of the powers of government, and 
declaratory of the rights of the several States and the people, h 

t See, further on, the titles " Congress of the United States," chap, iii ; 
-"Powers prohibited to Congress and the federal government," chap, iv; 
and " Powers prohibited to the States severally," chap. v. 

/See, chap. ii. q. 10. 

g See Part the First, chap. vi. 

h See Part the First, chap, vi.; and as to the Declarations or Bills of 
Bights in the several States, see Part the Second, chap. ii. 



CH. I.] OF THE UNITED STATES. 25 

40. What are the general provisions, in the federal constitution, as 
to the delegation of powers to the general government ? 

44 The powers not delegated to the United States by the constitution, 
nor prohibited by it to the States, are reserved to the States respec- 
tively, or to the people." Cons, of U. S. Amendments, Art. X. 

" The enumeration, in the constitution, of certain rights shall not 
be construed to deny or disparage others retained by the people." 
Cons, of U. S. Amendments, Art. IX. 

41. Are the incidental powers included in the express or enumer- 
ated powers, and equally delegated with them, by the federal consti- 
tution, to the general government ? 

Yes. 

42. What is the authority of the federal constitution, and the acts 
of Congress ; and the constitutions of the several States, and the 
laws thereof, respectively ; in relation to each other? 

They are authoritative and binding, in the following order; first, 
and paramount over all, the federal constitution; secondly, treaties 
and acts of Congress; thirdly, State constitutions; and fourthly, acts 
of the State Legislatures or laws of the States severally; and in case 
of conflict, they must yield respectively to each other accordingly. 

43. Are all federal and State officers required to be sworn or 
affirmed to support the constitution of United States ? 

44 The Senators and Representatives of the United States, the 
members of the State Legislatures, and all executive and judicial 
officers, both of the United Stales and of the several States, shall bo 
bound by oath or affirmation to support this constitution." Cons, of 
U. S. Art. VI. 3. 

44. Are the powers of the general government which are delegated 
to it by the federal constitution, distributed among several distinct 
departments of government ? 

Yes. 

45. What are the different departments of the general government ? 
The legislative, executive, and judicial ; the federal constitution 

specially defining the general powers and duties of each department. 

46. Is the just distribution of the delegated powers of government 
among distinct branches or departments of it, properly organized, 
essential to the best system of republican government? 

Yes. Where the powers of government are all vested in the same 
hands, it is an absolute government, or despotism, in which there is 
no security against the abuse of power. 

47. How is the legislative department, of the general government, 
organized ? 

The legislative power, of the general government, is vested in a 
Congress of the United States, composed of a Senate and a Housa 
4 



26 OF THE GOVERNMENT [PART I. 

of Representatives ; both chosen periodically, the former by the 
States severally, the latter by the people, i 

48. How is the executive department, of the general governments, 
organized ? 

The executive power, of the general government, is vested in a 
President of the United States, elected, with a Vice-President, for a 
term of years, in a mode and upon a principle which in effect com- 
bine the suffrages of the people with those of the several States, j 

49. How is the judicial department, of the general government,, 
organized ? 

The judicial power is vested in a Supreme Court, and in such 
inferior courts as Congress may from time to time establish ; the- 
judges holding their offices for life, unless sooner removed on convic- 
tion of misbehavior, k 

50. Are these departments co-ordinate branches, of the general 
government, with separate powers, acting independently of each other 
in the exercise of their peculiar powers respectively ? 

Yes. 

51. Are these departments so organized, and connected with each 
other, by their mutual relations, and the apportionment of the powers 
of government among them, as that each one may be a constitutional 
check upon the others, and the means of keeping them within their 
proper spheres 1 

Yes. 

52. Has the judicial department the power, in the due administra- 
tion of justice, according to its jurisdiction, of interpreting the federal 
constitution, and of deciding upon the validity of the acts of the other 
branches of the general government ? 

Yes. 

53. Is each of these departments, of the general government, in the 
exercise of its proper powers, the representative of the people, as the 
source of its authority, and as having the supreme power ? 

Yes. 

54. Are the several States represented in the general government? 
The principle of representation is applied, in the constitution, not 

only to the individual citizens of the United States, but to the indi- 
vidual States of the Union ; and it pervades the three great depart- 
ments, among which the powers of government are distributed 
and apportioned. I 

55. What does the term " The United States " mean, in regard to 

extent of territory and jurisdiction ? 

t" See Part the First, chap. iii. 

j See Part the First, chap. viii. 

k See Part the First, chap. ix. 

I Duer's Constitutional Jurisprudence, p, 34- 



CH. I.] OF THE UNITED STATES. 27 

The whole of the nation. It is the name given to our great re- 
public, which is composed of States and territories. 

Territorial governments. 

56. What are the territorial governments of the United States? 
Governments of the territories belonging to the United States, and 

not lying within the limits of any State. 

57. What is the nature of those governments ? 

They are created by Act of Congress, and are dependent upon the 
general government. <m 

Citizens of the United States. 

58. Who are citizens of the United States ? 

Citizens, under our constitutions and laws, mean the free inhab- 
itants born within the United States, or naturalized under the laws of 
Congress, n 

59. How may the inhabitants of this country be divided in 
respect to citizenship ? 

As generally classed, they are citizens or aliens ; and citizens are 
native or naturalized. 

60. Who are native citizens ? 

Natives are all persons born within the jurisdiction of the United 
States. 

61. How are free colored persons, born within the United States, 
to be considered ? 

"As citizens, but under such disabilities as the laws of the States 
respectively may deem it expedient to prescribe to free persons of 
color." o 

62. What is the provision of the federal constitution as to the 
rights of the citizens of each State in the several States ? 

" The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States." Cons, of the U. 
S. Art. IV. sect. II. 

63. Is every person born within the United States a citizen, owing 
allegiance to the government thereof? 

Yes. 

64. Are the children of citizens born abroad considered, by law, as 
citizens of the United States ? 

Yes ; when their parents have at some time resided here. 

65. Are there persons held as slaves, in this country, under the 
laws thereof? 

m See title Congress of the United States, chap. iii. 

n 2 Kent's Commentaries on American Law, p. 258, in notes. As to the 
naturalization of aliens, see chap, iii, head " Powers of Congress." 

o 2 Kent's Commentaries on American Law, p. 258, in notes. And see 
Part ii. chap, ii, head " Relations of persons," 



28 GOVERNMENT OF THE UNITED STATES. [PART I. 

In some of the States, there are, under the laws thereof, colored 
persons or negroes, imported before the year 1808, or their descen- 
dants born therein, who are held by individuals as slaves ; the federal 
constitution recognizing the condition of such slaves, in the States, 
and containing certain provisions in relation to them/;? There are, 
also, slaves held as property by individuals in the District of Colum- 
bia, and in some of the Territories of the United States. 

66. Who are aliens? 

Aliens are persons born out of the jurisdiction of the United States. 

67. How are aliens divided ? 

Into alien friends and alien enemies. 

68. Who are alien enemies ? 

Aliens whose country is at war with ours. 

69. How are alien enemies, residing here, considered ? 

They are, by the general law, considered as enemies, and their 
persons and property liable to be seized and confiscated. Any evils 
or injustice, however, that might follow from this principle, on a 
declaration of war, are prevented by the interference of the govern- 
ment, or the laws of Congress. 

70. Are aliens, while residing in this country, subject to the gen- 
eral laws of the United States, and of the States severally, and enti- 
tled to the protection thereof? 

Yes. 

71. What are the disabilities of aliens in this country ? 

They cannot hold offices, vote at elections, act as jurors, nor, 
generally, perform any service connected with the administration of 
the civil affairs of the country. 

72. Can aliens hold property in this country ? 

In regard to personal property, their legal capacities are, in general, 
the same as those of citizens. In some of the States they cannot 
hold real estate ; or the right to do so is limited by the laws thereof 
respectively. 

73. May aliens become citizens of the United States ? 
Resident aliens may become citizens, on certain conditions, and in 

the manner prescribed by the Acts of Congress, q They are then 
called naturalized citizens. 

74. Have naturalized citizens the same political and civil rights 
which native citizens enjoy? 

Yes, in general. Naturalized citizens are not eligible to some 
offices, and a prescribed term of citizenship is requisite as a qualifica- 
tion for others. A naturalized citizen is not eligible to the office of 
President, or Vice President, of the United States. 

p See Part the First, chap. v. heads ' Fugitives from labor,' and chap, iv, 
head " Importation of Slaves," and chap. iii. quest. 37,38. 
q See Part i. chap. iii. q. 125. 



CHAPTER II. 

OF THE CONSTITUTION OF THE UNITED STATES. 

Its adoption, and its nature. 

1. What is a constitution, in its legal and political sense? 

A constitution is a written declaration of the sovereign will of the 
people in relation to the form and powers of government. 

This is the definition of a constitution, in reference to the subject 
under consideration, and as the term is generally used in America. 
Properly, that is a constitutional government which is administered 
according to established principles and rules, and which is the result 
of general consent either actually expressed or fairly implied. A 
constitution, in this sense, signifies the fundamental principles on 
which a government is formed. It may exist in a monarchy, aristoc- 
racy, democracy, or mixed form of government; and it may be 
derived from custom, tradition, or the acts and proceedings of the 
government itself, as well as from a written compact. 

A constitution of a country or nation is its fundamental law, supreme, 
perpetual. 

2. What is constitutional law ? 

Constitutional law is that branch of jurisprudence, which treats of 
the fundamental principles on which a government is formed ; of the- 
practical exercise of the powers of government in conformity with 
them ; and of the construction to be given to them in their application. 

3. What provision is there in the federal constitution in regard to 
its ratification 1 

"The ratification of the conventions of nine States shall be sufficient 
for the establishment of this constitution between the States so ratifying 
the same." Art. VII. 

4. When was the constitution of the United States formed and 
adopted ? 

The plan of the constitution was adopted by a convention of 
delegates, appointed by the legislatures of all the original States, 
except Rhode Island, on the 17th day of September, 1787 ; and in 
the course of about a year thereafter it was ratified and adopted by 
conventions of delegates, chosen in each of the States by the people 
thereof. 

The constitution was ratified by the conventions of delegates in 
nine of the States, before the 13th of September 1789, being thereby 
established between those States ; and it was adopted by North 



30 OF THE CONSTITUTION [PART I. 

Carolina, in its convention, in November, 1789, and by Rhode Island, 
in May, 1790, after the constitution had gone into operation. 

5. What is the constitution of United States ? 

It is the written declaration of all the people of the United States, 
in their original and sovereign capacity, ordaining and establishing a 
national government, and defining its form and powers. 

It is a constitution of government, by the people. It is an act of 
the people, and not of the States in their political capacities. " It is 
an ordinance or establishment of government, originating in the 
consent of the people; and it binds as a fundamental law promulgated 
by the sovereign authority, and not as a compactor treaty entered into, 
and to exist, between each and all the citizens of the United States, 
as distinct parties." r 

"The constitution of the United States was ordained and established, 
not by the States in their sovereign capacities, but emphatically, as the 
preamble of the constitution declares, by the people of the United 
States." s 

6. Is the federal constitution to be regarded as the result of conces- 
sion and compromise ? 

Yes. It was the act of the people of the original States, voluntarily 
uniting, through mutual concession and compromise in relation to 
various local interests and other matters, in establishing a government 
for the Union. And such is it, always, to be considered, in its nature, 
as to its obligation upon the people, and their allegiance to it. 

This variety of interests arose from, principally, the actual differ- 
ence in the extent and situation of the territories of the several States, 
the number of their inhabitants, their agricultural productions, the 
existence of slavery in some of the States, and their peculiar laws 
and institutions. 

7. When did the constitution of the United States go into operation? 
On the fourth day of March, 1789; when Congress assembled 

under the new constitution, and commenced proceedings under it. 

On the 30th of April 1789, the first President of the United States, 
"George Washington, took the oath of office, and the government 
then went into operation, in all its departments. 

8. How may the provisions of the constitution of the United States 
be, in general, divided ? 

First, into those which provide for the particular structure and 
organization of the government; and, secondly, into those which 
define the nature, extent and limitation of the powers vested in the 
general government, impose certain restrictions upon the several 
States, and reserve and secure certain rights to the several States and 
to the people. 

r 1 Story on the Cons. p. 446. 

s Opinion of the Supreme Court of the U. 8., 1 Wharton's Reports, p, 
-305, 324. 



CH. II.] OF THE UNITED STATES. 31 

They may also, be more particularly classed under four heads ; 
first, those which relate to the organization of the legislative depart- 
ment ; secondly, those which relate to the organization of the execu- 
tive department ; thirdly, those which relate to the organization of 
the judicial department; and fourthly, those which define and limit 
the powers delegated and ihe rights secured or reserved. 

9. Of what authority is the constitution of the United States ? 
It is the supreme law of the land. 

It is obligatory upon the general government, in all its departments ; 
upon the several State governments, in all their departments ; and 
upon the whole people. Every act of Congress, or measure or pro- 
ceeding of any department of the general government; every part of 
of a constitution, law or act of a State, its government or people ; 
which is repugnant to any of the provisions of the constitution, is 
null and void. 

Constitutional questions, how determined. 

10. By whom are the provisions of the constitution of the United 
States to be interpreted, and their meaning and obligation finally 
determined 1 

By the courts of the United States, on all questions capable of 
judicial inquiry and decision, in the regular administration of justice. 
The determination of the Supreme Court of the United States, in 
such cases, is final and conclusive, t 

As the constitution, and the laws of the United States made in pur- 
suance of it, and all treaties made under the authority of the Union, 
are declared to be the " supreme law of the land ;" and the judges 
in every State are bound thereby ; " any thing in the constitution or 
laws of any State to the contrary notwithstanding ;" as every act of 
Congress, or of the State Legislatures, and every part of the constitu- 
tion of any State, which is repugnant to the federal constitution, is 
null and void; and as the judicial power extends to all cases in law 
or equity arising under the constitution, laws, and treaties of the 
United States ; it necessarily belongs to that power, whenever a case 
judicially arises, to determine what is the supreme law of the land; 
and the determination of the Supreme Court of the United States 
must be final and conclusive, because the constitution gives to that 
tribunal power to decide in every such case, and gives no appeal from 
its decision. 

Courts of justice have a right to pronounce, in cases under their 
jurisdiction, legislative acts to be void. 

The Courts of Justice were intended, as a separate and co-ordinate 
department of the government, to act as an intermediate body between 
the people and the legislature, in order, amongst other things, to keep 
the latter within the limits assigned to its authority, u 

t See part the first, Chapt. x. 

u Duer's Constitutional Jurisprudence, p. 357. 



32 OF THE CONSTITUTION [PART fc 

It is the proper function of the judicial department to interpret 
laws, and by the very terms of the constitution to interpret the 
supreme law. Its interpretation, then, becomes obligatory and 
conclusive upon all the departments of the general government, 
and upon the whole people, so far as their rights and duties are derived 
from, or affected by that constitution, v 

Judicial decisions of the highest tribunal, by the course of the 
common law, are considered as establishing the true construction of 
the laws, which are brought into controversy before it. The particular 
case is not alone considered as decided and settled ; but the principles 
of the decision are held as precedents and authority, to bind future 
cases of the same nature. This is the constant practice under our 
whole system of jurisprudence. The general principle must have- 
been in the view of the framers of the constitution ; and is applicable 
to the decisions of the Supreme Court of the United States, on 
questions arising under the constitution. 

Whenever the officers of any department of the government are 
required to act in a case, not hitherto settled by any proper authority, 
they must, in the first instance, decide, each for himself, whether or 
not the act can be done consistently with the constitution. Such acts 
may become the subjects of judicial examination, and their validity, 
in reference to the constitution, be thus determined. But there are 
cases, in which the decisions of the legislative and executive depart- 
ments, thus made, must be final and conclusive, being from their very 
nature and character incapable of revision. 

The judicial department has, in fact, constantly exercised this right 
of interpretation in the last result; and its whole course of reasonings 
and operations has proceeded upon the ground, that, once made, the 
interpretation was conclusive, as well upon the States, as the people. «r 

No State has a right, for itself, to abrogate or annul a law of Con- 
gress, on the ground of its being deemed by the State unconstitutional. 

Rules of interpretation. 

11. What are some of the most important rules of interpretation 
applicable to the constitution ? 

I. It is to be construed as a frame, or fundamental law, of govern- 
ment, established by the people of the United States, according to 
their own free pleasure and sovereign will. 

" It is to receive as favorable a construction as the constitutions of 
the States. Neither is to be construed alone, but each with reference 
to the other. Each belongs to the same system of government; each 
is limited in its powers ; and within the scope of its powers each is 
supreme. Each, by the theory of our government, is essential to the 
existence and due preservation of the powers and obligations of the 
other." 

v 1 Story on the Constitution, p. 357. 

w 1 Story on the Constitution, p. 345, 346, 349, 368, 



CH. II.] OF THE UNITED STATES. 33 

II. The constitution of the United States is to receive a reasonable 
interpretation of its language and r its powers, keeping in view the 
objects and purposes for which those powers were conferred. 

In case the words are susceptible of two different senses, the one 
more strict, the other more enlarged, that should be adopted, which 
is most consonant with the apparent objects and intent of the 
constitution. 

III. Where the power is granted in general terms, the power is to 
be construed as co-extensive with the terms, unless some clear restric- 
tion upon it is deducible from the context, either as expressly declared, 
or arising by necessary implication. 

IV. No construction of a given power is to be allowed, which plainly 
defeats, or impairs its avowed objects. 

V. In the interpretation of a power granted by the constitution, all 
the ordinary and appropriate means to execute it are to be deemed a 
part of the power itself. 

VI. In the interpretation of the constitution, the existence of implied 
powers is to be admitted. 

Every power which is the means of carrying into effect a given 
power, is implied from the very nature of the original grant. It is a 
necessary and unavoidable implication from the act of constituting a 
government, and vesting it with certain specified powers, w 

VII. The powers granted by the constitution to the general govern- 
ment exclusively, exist in three cases; where the constitution has in 
express terms granted an exclusive power to the Union ; where it has 
granted, in one instance, a power to the Union, and, in another, pro- 
hibited the States from exercising the like authority ; and where it has 
granted an authority to the Union, to which a similar authority in the 
States would be absolutely and totally contradictory and repugnant. 

There may be the exercise of power conctirrently in the general 
government and the States, where, although it may be productive of 
occasional interferences in the policy of any branch of administration, 
it does not imply any direct contradiction or repugnancy in point of 
constitutional authority. 

Unless from the nature of the power, or the obvious results of its 
operations, a repugnancy must exist, so as to lead to a necessary con- 
clusion that the power is exclusive in the general government, the 
true rule of interpretation is, that the power is merely concurrent. 

If a State passes a law clearly within its own constitutional powers, 
still if it conflicts with the exercise of a power given to Congress, io 
the extent of its interference its operation is suspended ; for in a 
conflict of laws, that which is supreme must govern. 

In regard to concurrent powers, there are cases in which the legis- 
lation of Congress suspends the legislative power of the States over 
the subject matter ; and also cases, in which the State laws are 

w See Part i. chap. iii. head " Duties and powers of Congress." 
5 



34 OF THE CONSTITUTION [PART I. 

inoperative only to the extent of their actual conflict with the acts of 
Congress. 

Wherever the power given to the general government requires that, 
in order to be efficacious and adequate to its end, it should be exclu- 
sive, there arises a just implication for deeming it exclusive. Whether 
exercised or not, in such a case makes no difference. 

Wherever the power is not incompatible with a concurrent power 
in the States, either in its nature or exercise, there the power belongs 
to the States. 

In such a case as the last mentioned, the concurrency of the power 
may admit of restrictions or qualifications in its nature, or its exercise. 
In its nature, when it is excluded in its application from objects or 
purposes, which would control, defeat, or destroy the powers of the 
general government. In its exercise, there is a restriction upon it to 
the extent of any actual conflict of the laws and regulations of the 
States made in pursuance of it with those of the general government. 

VIII. Every word employed in the constitution is to be expounded in 
its plain, obvious and common sense, unless the context furnishes 
some ground to control, qualify or enlarge it. 

IX. Where technical words are used, the technical meaning is to be 
applied to them, unless it be repelled by the context. Where the 
same word possesses a technical and common sense ; the latter is to 
be preferred, unless attendant circumstances point clearly to the 
former. 

It is not a correct rule of interpretation to construe the same word 
in the same sense, wherever it occurs in the constitution. The mean- 
ing is controlled by the context. The same word may bear differ- 
ent meanings ; and the peculiar sense, in which it may be used in 
any sentence, is to be determined by the context. 

X. That an affirmative provision in a particular case excludes the- 
existence of a like provision in every other case ; and that a negative 
provision in a particular case admits the existence of the same thing 
in every other case ; are rules of interpretation to be applied to par- 
ticular cases according to their nature and circumstances. 

" The truth is, that in order to ascertain how far an affirmative or 
negative provision excludes, or implies others, we must look to the 
nature of the provision, the subject matter, the objects, and the scope 
of the instrument. These, and these only, can properly determine 
the rule of construction. There can be no doubt that an affirmative 
grant of powers in many cases will imply an exclusion of all others. 
In relation to such an instrument as a constitution, the natural and 
obvious sense of its provisions, apart from any technical or artificial 
rule, is the true criterion of construction." 1 Story on the Cons. 
393-434. See Part I. chap. III. quest, 85, of this work. 



CH. II.] OF THE UNITED STATES. 35 

Preamble of the Constitution. 

12. What is the preamble of the constitution ? 

" We, the people of ; the United States, in order to form a more 
perfect Union, establish justice, insure domestic tranquility, provide 
for the common defence, promote the general welfare, and secure the 
blessings of liberty to ourselves and to our posterity, do ordain and 
establish this constitution for the United States of America." 

It is the introductory paragraph of the constitution, setting forth 
the parties who established it, and the objects for which it was adopted. 

It is an admitted maxim in the ordinary course of the administra- 
tion of justice, that a preamble of a statute is a key to open the minds 
of the makers, as to the mischiefs which are to be remedied, and the 
objects which are to be accomplished by the provisions of the statute. 
It is founded upon the universal principle of interpretation that the 
will and intention of the legislature is to be regarded and followed. 

In a fundamental law, or constitution of government, great atten- 
tion should be given to the intention of the framers as stated in the 
preamble. And accordingly we find, that the preamble of the consti- 
tution has been constantly referred to by statesmen and jurists, to aid 
them in the exposition of its provisions. 

13. Can the preamble be resorted to, in order to enlarge the pow- 
ers confided to the general government, or any of its departments ? 

No. 

It cannot confer any power per se, in itself; it can never amount, 
by implication, to an enlargement of any power expressly given. It 
can never be the legitimate source of any implied power; when 
otherwise withdrawn from the constitution. Its true office is to 
expound the nature, extent, and application of the powers actually 
conferred by the constitution; and not substantially to create them. 
For example, the preamble declares one object to be, " to promote the 
common defence." No one can doubt, that this does not enlarge the 
powers of Congress to pass any measures that they may deem use- 
ful for the common defence. But where the terms of a given power 
may admit of different constructions ; if one would promote, and the 
other defeat the common defence, the former ought, on the soundest 
principles of interpretation, to be adopted, x 

Amendments to the Constitution, 

14. Does the constitution of the United States provide how amend- 
ments may be made to it ? 

"The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution, or, on the 
application of the legislatures of two-thirds of the several States, sbnll 
call a convention for proposing amendments ; which, in either rase, 
shall be valid, to all intents and purposes, as part of this constitution, 

x 1 Story on the Cons. p. 445. 



36 CONSTITUTION OF THE UNITED STATES. [PART I. 

when ratified by the legislatures of three-fourths of the several States, 
or by conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress : Provided, 
that no amendment which may be made prior to the year one thousand 
eight hundred and eight, shall in any manner affect the first and 
fourth clauses in the ninth section of the first article ; and that no 
State shall, without its consent, be deprived of its equal suffrage in 
the Senate." Cons, of U. S. Art. V. 

There have been twelve amendments incorporated, in the manner 
prescribed by the above provision, into' the federal constitution, since 
its adoption. They are treated of, under the proper heads, in thir 
work. See Part I. chap. V. VI. VII. 

These amendments were made soon after the adoption of the con- 
stitution. Objections to it had been urged, on the ground that it contain- 
ed no formal Bill or Declaration of Rights ; y and on this account prin- 
cipally the amendments were adopted. The first ten amendments 
may be regarded as a Bill of Rights. There have been various other 
amendments, at different times, proposed by Congress, and con- 
sidered by the Legislatures of the States ; but they were not ratified 
by the requisite number of States. 

It is a general principle of liberty that the people have the right to 
alter, reform or abolish their government, whenever they deem it 
necessary, z 

It is one of the great excellencies of the federal constitution, that it 
provides in itself a mode for its amendment, in which such an object 
may be attained peaceably and readily, and yet not without proper 
care and deliberation. 

y See Part II. chap. iii. and Part I. chap. vii. 

z See Part II. chap. iii. head " Supreme power of the people." 



CHAPTER III. 

OF THE CONGRESS OF THE UNITED STATES. 

1. In whom is the legislative power of the general government 
vested, by the federal constitution ? 

By the federal constitution, all the legislative powers therein grant- 
ed are vested in the Congress of the United States, consisting of the 
Senate and House of Representatives. 

2. What is the legislative power of a government? 

The power of making laws ; and that branch of a government 
which has this power is the legislative department of it. 

3. What is a legislature ? 

That body of persons which has the power of making laws for a 
State. Congress is the National Legislature. 

4. Is the division of the legislature into two separate and indepen- 
dent branches a wise plan? 

It is founded on the strongest reasons of policy, and its advantage 
has been proved by experience. 

5 How do the two Houses of Congress act, in relation to each 
other, in making laws ? 

In their deliberations and proceedings for the passing of laws, they 
act separately and independantly, having co-ordinate powers ; though 
the assent of both Houses is necessary to the final enactment of a 
law. 

6. Is there a new Congress every second year ? 

The members of the House of Representatives and one third of 
the Senate being chosen every second year, there is a new Congress 
by the meeting of both Houses every second year. And the Con- 
gress for the time being is in fact dissolved, by the operation of the 
Constitution and laws, on the third day of March in every second 
year. 

7. How many Congresses have there been since the organization 
of the general government, under the federal constitution ? 

The present Congress, in the year 1845, is the twenty-ninth. 

SENATE OF THE UNITED STATES. 

8. Of whom is the Senate of the United States composed ? 

The Senate of the United States is composed of two Senator? 
from each State, chosen by the Legislature thereof for six years ; and 
each Senator shall have one vote. 



38 OF THE CONGRESS [PART I. 

9. How are vacancies in the Senate of the United States to be 
filled ? 

"If vacancies in the Senate of the United States happen by resig- 
nation, or otherwise, during the recess of the Legislature of any- 
State, the executive thereof may make temporary appointments, until 
the next meeting of the Legislature, which shall then fill such vacan- 
cies." Cons, of U. S. Art. I. sect. III. 2. 

10. Can a State, be deprived, without its consent, of its equal 
representation in the Senate of the United States, by an amendment 
of the federal constitution ? 

" No State, without its consent, shall be deprived of its equal suf- 
frage in the Senate." Cons, of V. S. Art. V. 

11. What is the executive of a State ? 

The person, (or body of persons), who has the power of executing 
or carrying into effect the laws of the State, and, in most cases, of 
making appointments to office ; being generally the governor of 
the State. 

12. Who may be Senators of the United States ? 

" No person shall be a Senator, who shall not have attained the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that State 
for which he shall be chosen." Cons, of U. S. Art. I. sect. III. 3. 

13. How are the Senators of the United States chosen by the Legis- 
lature of each State ? 

" The times, places and manner of holding elections for Senators 
and Representatives, shall be prescribed in each State by the Legis- 
lature thereof; but the Congress may at any time, by law, make or 
alter such regulations, except as to the place of choosing Senators." 
Cons, of U. S. Art. I. sect. IV. 

14. May Senators of the United States be elected either by the 
joint vote, or by the concurrent vote of the two Houses of the Legis- 
lature of a State ? 

It appears to be settled, that the Legislature of a State may pre- 
scribe either mode for electing its United States Senators. Both 
modes are used, in different States; though generally the choice of 
Senators is made by a concurrent vote. 

On a joint vote, the members of both branches of the Legislature 
assemble together, and give a united vote numerically ; on a concur- 
rent vote, each branch gives a separate and independent vote. 

The executive of a State has not the right of a negative upon such 
elections by the Legislature, as in cases where the State constitution 
gives him a qualified negative upon the laws. 

15. Of how many members does the Senate of the United States 
at the present time, consist? 

Of fifty-six members, representing the twenty eight States of the 
Union. 



CH. HI.] OF THE UNITED STATES. 39 

16. What voice, then, has each State in the Senate of the United 
States ? 

Each State has its equal voice and equal rights in the Senate of the 
United States, without regard to difference of population, wealth, or 
territory ; and is represented therein as a sovereign and independent 
community. 

17. How often are Senators of the United States elected ? 
Immediately upon the first election they were divided as directed by 

the federal constitution, into three classes, the seats of the first class 
to be vacated at the expiration of the second year, and of the second 
class at the expiration of the fourth year, and of the third class at the 
expiration of the sixth year, so that one third of the Senate is chosen 
every second year. 

IS. What is the term of office of a Senator of the United States ? 
Six years. 

19. When does the term of office of a Senator of the United 
States commence 1 

The regular term is six years from the fourth day of March after 
his election. Where a vacancy occurs, a Senator is elected or 
appointed for the unexpired period of the term. 

20. Who is the President of the Senate of the United States ? 

" The Vice President of the United States shall be President of 
the Senate, but shall have no vote unless they be equally divided." 
Cons, of U. S. Art. I. sect. III. 4. 

21. When may the Senate choose a president pro tempore. 

In the absence of the Vice President of the United States, or when 
he shall exercise the office of President. Cons, of U. S. Art. L 
sect. III. 5. 

22. Are Senators of the United States sometimes called federal 
Senators ? 

Yes. 

Appointments to office. 

23. What is the power of the Senate of the United States as to* 
appointments to office ? 

The President of the United States,—" shall nominate and by and 
with the advice and consent of the Senate, shall appoint ambassadors., 
other public ministers and consuls, judges of the Supreme Court? 
and all other officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be established by law. 
But the Congress may, by law, vest the appointment of such inferior 
officers, as they may think proper, in the President alone, in the 
in the Courts of law, or in the heads of department." Cons, oj U. 
S. Art. II. sect. II. 2. a 

a See Part i.. chap, viii. 



40 OF THE CONGRESS [PART I. 

Impeachments. 

24. What is the power of the Senate of the United States as to 
impeachments ? 

" The Senate shall have the sole power of trying all impeachments. 
When sitting for that purpose the)- shall be on oath or affirmation. 
When the President of the United States shall be tried, the Chief 
Justice of the United States shall preside. And no person shall be 
convicted without the concurrence of two-thirds of the members 
present." Cons, of U. S. AH. I. sect. III. 6. 

25. What is an impeachment ? 

A legal accusation, before a competent tribunal, against a public 
officer for a crime or misdemeanor, committed in the exercise of his 
office. 

• 26. W T hat officers may be impeached before the Senate of the 
United States ? 

"The President, Vice President, and all civil officers of the United 
States, shall be removed from office on impeachment for, and convic- 
tion of treason, bribery, or other high crimes and misdemeanors." 
Cons, of U. S. Art. II. sect. IV. 

27. Who are meant by civil officers, in this provision of the con- 
stitution ? 

All public officers except military and naval, and members of Con- 
gress. 

28. How may such an impeachment be preferred? 

The House of Representatives has the sole power of impeach- 
ment, to be tried by the Senate. Cons, of U. S. Art. I. sect. II. 5. 

29. What may be the judgment or punishment in case of convic- 
tion on any such impeachment ? 

"Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
office of trustor profit under the United States; but the party con- 
victed shall, nevertheless, be liable to indictment, trial, judgment, and 
punishment according to law." Cons, of U. S. Art I. sect. III. 7. 

Power as to treaties. 

30. What is the power of the Senate of the United States as to treaties? 
" The President of the United States States shall have power, by 

and with the advice and consent of the Senate, to make treaties, pro- 
vided two thirds of the Senate concur." Cons, of U. S. Art. II. 
sect. II. 2. 

31. What is the authority of treaties so made ? 

" All treaties made, or which shall be made under the authority of 
the United States, shall be the supreme law of the land ; and the 
judges in every State shall be bound thereby, any thing in the consti- 
tution or laws of any State to the contrary notwithstanding." Cons. 
of U. S. Art. VI. 2. 



CH. iil] of the united states. 41 

32. How are treaties with foreign countries generally negotiated 
and concluded ? 

Treaties with foreign countries, if made abroad, are negotiated on 
the part of the United States by ministers appointed by the Presi- 
dent (with the advice and consent of the Senate) and who act under 
his instructions ; and if made in this country, they are negotiated 
between the Secretary of State, under the like instructions, and min- 
isters accredited from foreign Governments. When the terms of a 
treaty are agreed upon by the ministers, plenipotentiaries, or agents 
employed for that purpose, and approved by the President, he sub- 
mits it to the Senate. The Senate acts upon it, separately and inde- 
pendently ; the President not participating in their deliberations, but 
rendering them from time to time such information relative to it as 
they may require. The Senate may wholly approve or reject the 
treaty; or they may ratify a part; or they may recommend addi- 
tional or explanatory articles, which, if the President approve, may 
become the subject of further negotiation with the foreign power; 
and when the whole is agreed to on the other part, and receives the 
sanction of the Senate, the ratifications are exchanged between the 
respective ■ Governments, and the treaty becomes obligatory upon 
both nations. 

OF THE HOUSE OF REPRESENTATIVES OF THE 
UNITED STATES. 

33. Of whom is the House of Representatives of the United 
States composed? 

" The House of Representatives of the United States shall be 
composed of members chosen every second year, by the people of 
the several States ; and the electors in each State shall have the 
qualifications requisite for electors of the most numerous branch of 
the State legislature." Cons, of U. S. Art. I. Sect. II. 

34. Are the members of this branch of the national legislature 
elected immediately by the people ? 

Yes. 

35. How is the right of suffrage, in electing them, fixed by the 
federal constitution ? 

It is not uniform in all the States, upon a common principle ; but 
is suited to the existing diversities in the several States, in regard 
to the qualifications of voters for members of their Legislatures 
respectively, a 

36. Who may be a member of the House of Representatives of 
•the United States ? 

" No person shall be a Representative who shall not have attained 
to the age of twenty five years, and been seven years a citizen of 

a See part ii. chapt. iv. 
6 



42 OF THE CONGRESS [PART I. 

the United States, and who shall not, when elected, be an inhabitant 
of that State in which he shall be chosen." Cons, of U. S. Art. I. 
Sect. II. 2. 

37. How are the Representatives to be apportioned among the 
several States ? 

" Representatives and direct taxes shall be apportioned among the 
several States, which may be included within this Union, according 
to their respective numbers, which shall be determined by adding to 
the whole number of free persons, including those bound to service 
for a term of years and excluding Indians not taxed, three fifths of 
all other persons." Cons, of U. S. Art. I. Sect. II. 3. 

38. Are slaves computed in fixing the apportionment of Repre- 
sentatives ? 

By the federal constitution, three fifths of all slaves are to be com- 
puted in establishing the apportionment of the Representatives, and 
in the number which is to entitle any State to its proportion of 
Representatives. 

39. Does the same rule which apportions Representatives apply 
to direct taxes ? 

Yes. 

40. Is there any limit as to the number of the Representatives, in 
apportioning them ? 

" The number of Representatives shall not exceed one for every 
thirty thousand, but each State shall have at least one Representative." 
Cons, of U. S. Art. I. Sect. II. 3. 

41. How often is there to be an apportionment of Representatives 
among the several States ? 

An enumeration, or census, of the inhabitants of the United States,. 
as directed by act of Congress, is to be made every ten years, and 
a new apportionment had thereon, according to the relative population 
of the States. Cons, of U. S. Art. I. Sect. II. 3. The first 
enumeration was made in 1790. 

42. How are Representatives in Congress elected ? 

4 'The times, places and manner of holding elections for Senators 
and Representatives, shall be prescribed in each State by the Legisla- 
ture thereof; but the Congress may make or alter such regulations, 
except as to the place of choosing Senators." Cons, of U. S. 
Art. I. Sect. IV. 1. 

43. How are vacancies among the Representatives in Congress 
from any State to be filled ? 

The executive authority of the State shall is&ue writs of election 
to fill the vacancy. Cons, of U. S. Art. I. Sect. II. 4. 

44. What has been the usual mode of electing Representatives irs 
Congress ? 



CH. III.] OF THE UNITED STATES. 43 

Generally, after the apportionment of Representatives among the 
several States, by act of Congress, the Legislature of each State has 
prescribed the manner of electing the number of Representatives to 
which it was entitled, either by general ticket for the whole State, or 
by districts, each district electing one or more Representatives, 
according to its population, enumerated by the law of the State. 

45. What is the mode of electing Representatives in Congress, at 
the present time, 1845 ? 

By the Act of Congress, in 1842, making the last apportion- 
ment of Representatives among the several States, it was directed 
that the election of the Representatives in each State should be by 
districts, which is the present mode. 

46. What is the number of Representatives in Congress, as fixed 
by the last apportionment made by Congress ? 

Two hundred and twenty-three. To this number, is now to be 
added the number of Representatives from the States of Florida and 
Iowa, admitted into the Union in 1845. 

47. What is the present ratio on which the number of Representa- 
tives is apportioned among the several States ? 

One Representative to every 70,680 inhabitants, and one additional 
Representative for every remaining fraction exceeding the half of 
that ratio.* 

48. What does the federal constitution provide as to the election of 
the officers of the House of Representatives ? 

" The House of Representatives shali choose their Speaker, and 
other officers." Cons, of U. S. Art. I. Sect. II. 5. 

49. Is there a delegate to Congress from each territorial govern- 
ment of the United States ? 

* The number of Representatives in Congress is divided, by the Act of 
Congress of 1842, as follows, viz : 

New York, has 34 Illinois, has 7 

Pennsylvania," 24 Maryland, " 6 

Ohio, " 21 New Jersey," 5 

Virginia, " 15 Missouri, " 5 

Tennessee, " 11 New Hampshire, 4 

Massachusetts," 10 Connecticut," 4 

Kentucky, " 10 Vermont, " 4 

Indiana, " 10 Mississippi, " 4 

North Carolina, 9 Lousiana, " 4 

Georgia, " 8 Michigan, " 3 

Maine, " 7 Rhode Island," 2 

South Carolina, 7 Delaware, " 1 

Alabama, " 7 Arkansas, " 1 

223 

And the States of Florida and Iowa, admitted into the Union in 1845., 
are entitled each to one Representative in Congress. 



44 OF THE CONGRESS [PART I, 

There is a delegate chosen by the Legislature of each territorial 
government to the House of Representatives, who has the privilege 
of debating but not of voting. 

50. Is the election of members of the House of Representatives 
of the United States held at the same time in all the States ? 

No ; Congress not having fixed the time of holding such election, 
it is held at different times in the several States, agreeably to the laws 
thereof respectively. 

Term of office. 

51. What is the term of office of a Representative in Congress ? 
The term of every Representative expires with the third day of 

March of the second year of the Congress. In many of the States 
the Representatives are elected previously to the fourth day of March 
of the first year of every Congress, to serve for two years ; but in 
some of the States, by the laws thereof respectively, they are elected 
subsequently to that day. In Pennsylvania, Representatives are 
elected to serve for two years, as has been stated. A person elected 
to supply a vacancy serves for the unexpired part of the term of the 
Representative, in whose place he was elected. 

OF THE DUTIES, PRIVILEGES, AND POWERS OF CONGRESS. 

Time of meeting. 

52. When is Congress required to meet? 

44 The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall, by law, appoint a different day." Cons, of U. S. Art. I. 
Sect. IV. 2. 

53. Has the President of the United States power to convene 
Congress, at any other time 1 

" The President may, on extraordinary occasions, convene both 
Houses of Congress, or either of them." Cons, of U. S. Art. II. 
Sect. III. 

The first session of a new Congress cannot be held, nor its action 
commence, until the day fixed by the constitution or appointed by 
law, unless the President, in the exercise of his constitutional power, 
sooner convene it, on some extraordinary occasion. After being thus 
assembled, Congress may hold sessions, at any time, within its term, 
on its own adjournment, by the joint resolution of both Houses. 

Adjournment of Congress. 

54. How may Congress adjourn? 

By the joint resolution of both Houses, at any time. The assent 
of the President thereto is not required. 

55. To what time may Congress thus adjourn ? 

To any time not beyond the day of their annual meeting, as fixed 
by the constitution- 



CH. III.] OF THE UNITED STATES. 45 

56. What is the power of either House as to adjournment I 

" Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two Houses shall be sitting/ 5 
Cons, of U. S. Art. I. Sect. V. 4. 

57. Can the President of the United States adjourn Congress, on 
any occasion ? 

In case of disagreement between the two Houses with respect t& 
the time of adjournment, the President may adjourn them to such 
time as he shall think proper. Cons, of U. S. Art. II. Sect. III. 

58. Can the President adjourn Congress to any period beyond the 
annual time of its meeting 1 

No. 
Oath of office. 

59. What is the oath of office of members of Congress ? 

They are bound by oath or affirmation to support the constitu- 
tion of the United States. Cons, of U. S. Art. VI. 3. 

Privilege from arrest. 

60. What is the privilege of members of Congress as to arrest? 
The Senators and Representatives " shall in all cases, except 

treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective Houses 1 , 
and in going to, and returning from the same." Cons, of U. S. 
Art. I. Sect. VI. 1. 

61. What privilege have members of Congress in civil suits, at 
common law ? 

They are privileged from arrest, summons, citation, or other civil 
process, during their attendance on the public business confided t© 
them. It has been so adjudged by the courts of justice, b 

Freedom of debate. 

62. What is the privilege of members of Congress as to any 
speech or debate in either House ? 

" For any speech or debate in either House they shall not be 
questioned in any other place." Cons, of U. S. Art. I. Sect. VI. 1, 

Incompatibility of officers. 

63. What is the provision of the federal constitution as to members 
of Congress holding offices under the authority of the United States? 

No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emolument? 
whereof shall have been increased, during such time ; and no person 
holding any office under the United States shall be a member of 

b 4 Dallas' Report, p. 107, 311, 



46 OF THE CONGRESS [PART I. 

either House during his continuance in office." Cons, of U. S. 
Art. I. Sect. VI. 2. 

It is requisite that a member of Congress should resign his seat in 
Congress before he can be appointed to an office under the United 
States. And an officer under the United States must resign in order 
to be enabled to become a member of Congress. 

64. Can members of Congress be, at the same time, members of 
the Legislature of any State ? 

It is generally provided by the constitution or laws of each State, 
that they cannot. 

65. Can a member of Congress hold, at the same time, any civil 
office in a State ? 

It is generally provided by the constitution and laws of each State 
that no member of Congress, nor any person holding or exercising 
any office or appointment under the United States, shall at the same 
time hold any office in the State. 

Compensation of members of Congress. 

66. What is the provision of the federal constitution as to the 
compensation of members of Congress ? 

" The Senators and Representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the 
(treasury of the United States 1 Cons, of the U. S. Art. I. Sect. VI. 

67. What is the compensation of members of Congress, at the 
present time, 1845 ? 

By an act of Congress it is now eight dollars a day to each 
member while attending the session of Congress, and eight dollars 
for every mile of estimated distance, by the most usual road from his 
place of residence to the seat of government, at the commencement 
and end of every session of Congress ; each member of the Senate 
to receive the same daily allowance and pay, for his attendance on 
and travelling to and from every meeting of the Senate in the recess 
of Congress. A member of Congress, in case of his sickness on 
his journey to or from the session of Congress, or of his being 
unable after his arrival to attend the same, is entitled to the same 
daily allowance. No member of Congress is allowed a sum exceed- 
ing the rate of eight dollars a day from the end of one session to the 
time Gf his taking his seat in the other. The President of the Senate 
pro tempore, and the Speaker of the House, receive each eight 
dollars for every day's attendance on their respective Houses, in 
addition to their compensation as members of Congress. 



CH. III.] OF THE UNITED STATES. 47 



SEPARATE DUTIES AND POWERS OF EACH HOUSE. 

Election and qualifications of members. 

68. Is each House to be the judge of the election and qualification 
of its own members 1 

"Each House shall be the judge of the election, returns, and 
qualifications of its own members." Cons, of U. S. Art. I. 
Sect. V. 1. 

Quorum. 

69. What number of either House shall constitute a quorum, or a 
sufficient number to do business ? 

"A majority of each House shall constitute a quorum to do busi- 
ness ; but -a. smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent members, in such 
manner, and under such penalties, as each House may provide." 
Cons, of U. S. Art. I. Sect. V. 1. 

This power is given to a minority of each House, in order that a 
portion of the members may not prevent the regular action of 
Congress, or suspend its legislation. 

Election of Officers. 

70. How are officers of each House elected ? 

The Vice President of the United States is president of the Senate, 
by virtue of his office ; as to all other officers, each House elects or 
appoints its own officers. 

71. What are the usual officers of each House ? 

A speaker, as presiding officer ; a secretary, or clerk, a sergeant- 
at-arms, and a door-keeper, with their assistants. 

Rules of proceeding. 

72. How are the rules of proceeding of each House determined ? 
" Each House may determine the rules of its proceeding." Cons, 

of U. S. Art. I. Sect. V. 2. c 

73. Does each House sit with open doors ? 

There is no express provision in the Constitution of the United 
States on the subject. Generally the proceedings and debates in 
each House are conducted in public ; but either House may, upon 
any occasion, determine to sit with closed doors ; as it is the practice 
to do, in either House, when acting on matters requiring secrecy, and 
in the Senate, when deliberating on treaties, nominations to office by 
the President, and executive business. 

c As to the method of enacting laws, see further on, Chapt. iii. 



48 OF THE CONGRESS [PART I. 

Journal. 

74. Is each House required to keep a journal of its proceedings? 
" Each House shall keep a journal of its proceedings, and, from 

lime to time, publish the same, except such parts as may in their 
judgment require secrecy." Cons, of U. S. Art. I. Sect. V. 3. 

Yeas and Nays. 

75. What is the provision of the federal constitution as to the veas 
and nays of members of Congress ? 

" The yeas and nays of the members of either House on any 
question shall, at the desire of one fifth of those present, be entered 
on the journal." Cons, of U. S. Art. I. Sect. V. 3. 

76. What are the yeas and nays ? 

The votes of the members severally ; the vote of each member 
with his name to be recorded on the journal of the House. 

Punishment of members. 

77. What power has each House to punish its members ? 

" Each House may punish its members for disorderly behaviour." 
Cons, of U. S. ArLl. Sect. Y. 2. 

Expulsion of members. 

78. What is the provision of the federal constitution as to the 
expulsion of members of Congress ? 

" Each House may, with the concurrence of two thirds expel a 
member." Art. I. sect. V. 2. 

Contempt of either House of Co?igress. 

79. Has each House of Congress power to punish for contempt ? 
There is no power expressly given to either House of Congress 

to punish for contempts, except when committed by their own mem- 
bers ; but each House has the implied power, as necessary for the 
performance of its duties, to imprison for contempt persons not 
members. The power to punish extends no further than to arrest 
and imprisonment, and that can continue no longer than the power 
which imprisons. The imprisonment will terminate with the adjourn- 
ment or dissolution of Congress. 

Adjournment. 

80. What does the federal constitution provide, as to the power of 
either House to adjourn separately ? 

" Neither House, during the session of Congress, shall, with- 
out the consent of the other, adjourn for more than three days, nor 
to any other place, than that in which the two houses shall be 
sitting." Cons, of U. S. Art. I. Sect. V. 4. 






CH. III.] OF THE UNITED STATES. 49 

OF THE DUTIES AND POWERS OF CONGRESS. 

81. Are the powers of Congress limited? 

Congress has no other powers than those expressly granted in 
the federal Constitution, and such as are incidental thereto. 

82. What is the general limitation, in the federal constitution, of 
the powers of Congress ? 

" The powers not delegated to the United States in this constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people." Cons, of U. S. Amend. Art. X. 

83. Does the express grant of power to Congress in certain 
enumerated cases imply that its powers are limited ? 

Yes. " The constitution declares that the powers of Congress 
shall extend to certain enumerated cases. The specification of par- 
ticulars evidently excludes all pretentions to a general legislative 
authority; because an affirmative grant of special powers would be 
absurd, as well as useless, if a general authority were intended." 
1 Story on the Cons. 434. 

84. Are there powers expressly prohibited to Congress by the 
federal constitution? 

Yes. 

85. Can Congress exercise a power contrary to any provision of 
the federal constitution ? 

No. 

86. How may the powers of Congress be divided ? 

Into those that are enumerated or express, and those that are 
incidental. They are also called direct, or implied. 

87. What is the nature of the incidental powers of Congress ? 
They are those which are necessary to the exercise of the powers 

expressly granted, by the federal constitution, to Congress. 

88. Are the incidental powers to be considered as included in the 
express powers, and equally delegated with them, by the federal 
constitution, to Congress, or the general government? 

Yes. 

89. What provision is there in the federal constitution as to the 
incidental powers of Congress ? 

"The Congress shall have power; — to make all laws which shall 
be necessary and proper for carrying into execution the foregoing 
powers, and all other powers vested by this constitution in the 
government of the United States, or in any department or officer 
thereof." Cons, of U. S. Art. I. Sect. VIII. 18. 

90. What is the import of this clause? 

That Congress shall have all the incidental and instrumental powers 
necessary and proper to carry into execution all the express powers. 

7 



50 OF THE CONGRESS [PART I. 

The term " necessary" here is not to be considered as equivalent 
to the terms "absolutely and indispensably necessary ;" and as 
excluding all means for carrying into effect an enumerated power r 
except such as without which the grant of the power would be 
nugatory; but to mean the same as needful, requisite, essential, 
conducive to. 

Whenever a question arises concerning the constitutionality of a 
particular power, the first question is, whether the power be " ex- 
pressed" in the constitution. If it be, the question is decided. If 
it be not expressed, the next inquiry must be, whether it is properly 
an incident to an express power, and necessary to its execution. If 
it be, then it may be exercised by Congress. If not, Congress can- 
not exercise it. 

With respect to any proposed measure, " let the end be within the 
scope of the constitution ; and all means which are appropriate, 
which are plainly adapted to the end, and which are not prohibited, 
but which are consistent with the letter and spirit of the instrument, 
are constitutional." d 

91. What are called resulting powers ? 

A class of implied or incidental powers, arising from the aggregate 
powers of the general government. 

As instances, the United States as a sovereignty is entitled to sue ; 
so, in their political capacity, they have a right to enter into a con- 
tract ; though there is no express provision therefor in the federal 
constitution; for these are natural incidents resulting from the 
sovereignty and character of the national government, so far as they 
are appropriate to any of the ends of government, and within the 
range of its powers. 

92. May the powers conferred, by the constitution, on the Con- 
gress or the general government, be either exclusive or concurrent I 

Yes. See the next head. 

ENUMERATED POWERS OF CONGRESS. 

93. To what do the powers of Congress, in general, relate ? 
To subjects of a national nature. 

94. Does the mere grant in the federal constitution of a power to* 
the general government, or to Congress, imply that it is to be exclu' 
sive, and that it is prohibited to the States to exercise the same power? 

No; the same power exists concurrently in the several States, 
unless when the federal constitution has expressly in terms given an 
exclusive power to Congress, or the general government, or the exer- 
cise of a like power is prohibited to the States severally, or there is 
a direct repugnancy and incompatibility in the exercise of it by the 
States severally. 

d 2 Story on the Constitution, 113, 118, 123, 



CH. III.] OF THE UNITED STATES. 51 

95. When Congress, in the exercise of a power existing in it con- 
currently with the States, passes a law, is any State law contrary to 
it valid ? 

No ; the law of Congress, in such a case, is paramount, and the 
State law unconstitutional and void, so far as its provisions are 
different therefrom. 

96. In the case of a concurrent power, in Congress, may the 
several States legislate on the subject, in the absence of any law of 
Congress thereon? 

Yes. 

97. If Congress exercises a power existing in it concurrently with 
the several States, can a State legislate on the subject? 

No; not where from the nature of the subject, such legislation 
must be inconsistent with the discretionary exercise of the power by 
Congress. 

98. Do the several States possess a power, concurrently with 
Congress, or the general government, in every case where it is granted 
to Congress or the general government, but is not given in terms 
exclusively to Congress, or the general government, or prohibited 
expressly to the several States ? 

No ; a power given to Congress, or the general government, may 
be from its nature such that it must be exclusive. 

Revenue, Taxes. 

99. What is the power of Congress as to raising revenue, or lay- 
ing taxes ? 

" The Congress shall have power ; — to lay and collect taxes, 
duties, imposts and excises, to pay the debts, and to provide for the 
common defence and general welfare of the United States ; but all 
duties, imposts, and excises, shall be uniform throughout the United 
States." Cons, of U. S. Art. I. sect. VIII. 1. 

100. Do the words " to pay the debts, and to provide for the com- 
mon defence and general welfare," consitute a distinct and substantial 
power ? 

No ; they are connected with the preceding words in the clause, 
so as to constitute a qualification of them . 

The power of taxation only is given by the clause, and it is lim- 
ited to objects of a national character, " for the common defence and 
general welfare." e 

101. What is the meaning of the terms, " imposts and excises ?" 
Taxes include every species of what is levied by government ; 

duties are laid upon any kind of commodities generally; "imposts" 
upon imported articles ; and " excises " upon the manufacture, 
retail, or consumption of goods. 

• • i ■' *-■ " ' ' ■ •'■ 

€ Story on the Constitution, II vol./?. 367. 



52 OF THE CONGRESS [PART I. 

102. How may taxes, in general, be divided? 
Into direct and indirect taxes ? 

103. What are direct taxes ? 

Direct taxes are those which are laid directly upon the persons or 
property of individuals. And it has been adjudged that, under the 
constitution of the United States, direct taxes were only of two spe- 
cies ; a tax upon the person, which is called a capitation tax or poll 
tax, and a tax upon land. Consequently, all taxes not levied upon 
the person or land are to be treated as indirect taxes. 

104. How must direct taxes be apportioned among the several 
States ? 

" No capitation, or other direct tax, shall be laid, unless in propor- 
tion to the census or enumeration, hereinbefore directed to be taken." 
Cons, of U. S. Art. I. sect. IX. 4. 

" Representatives and direct taxes shall be apportioned among the 
several States according to their respective numbers." Cons, of U. 
S. Art. I. sect. II. 3. 

105. How are indirect taxes to be laid ? 

They " shall be uniform throughout the United States." Cons, of 
U. S. Art. I. sect. VIII. 1. 

108. May a direct tax be laid by Congress upon property in a 
District or Territory not represented in Congress? 

Yes. 

It has been decided by the Supreme Court of the United States, 
that Congress, in laying a direct tax upon the several States, was not 
constitutionally bound to extend such tax to the district or territories 
of the United States ; but that it was a matter of discretion. When, 
however, a direct tax is to be laid on the district or territories, it can 
be laid only by the rule of apportionment. / 

107. Has Congress, under this power, claimed and exercised 
authority to lay duties for the purpose of encouraging and protecting 
articles of domestic manufacture, or produce, as well as for raising 
revenue on imports? 

Yes. And such power has been claimed, also, under the power of 
Congress, "to regulate commerce with foreign nations." The lay-- 
ing by Congress of duties upon goods imported, is called a " tariff." 

108. Has Congress authority to establish a national bank? 

It is claimed, that Congress has such a power as incidental to the 
enumerated powers to raise money, to regulate commerce, to coin 
money and regulate the value thereof, and to provide for the common 
defence and general welfare. 

109. In what House of Congress must all bills for raising revenue 
originate ? 

fl Story's Comm. p. 462. 



CH. III.] OF THE UNITED STATES. 53 

All bills for raising revenue must originate in the House of Repre- 
sentatives ; but the Senate may propose or concur with amendments 
as in other bills. Cons, oj U. 8. Art. I. sect. VII. 1. 

110. What prohibition is there in the federal constitution as to 
Congress laying taxes ? 

" No tax or duty shall be laid upon articles exported from any 
State. No preference shall be given, by any regulation of com- 
merce or revenue, to the ports of one State over those of another; 
nor shall any vessel sbound to or from one State be obliged to enter, 
clear, or pay duties in another." Cons, of U. S. Art. I. sect. IX. 5. 

111. What prohibition is there in the federal constitution as to the 
several States laying taxes ? 

" No State shall, without the consent of Congress, lay any imposts 
or duties upon imports or exports, except what may be absolutely 
necessary for executing its inspection laws ; and the nett produce of 
all duties laid by any State on imports and exports shall be for the 
use of the treasury of the United States ; and all such laws shall be 
subject to the revision or control of Congress. No State shall, with- 
out the consent of Congress, lay any tonnage duty." Cons, of U. 
S. Art. sect. I. X. 2. 

112. Is the power of congress to lay and collect taxes &c. accor- 
ding to the provisions of the constitution, exclusive ? 

No. It is a power which the States may exercise, except as to 
duties on imports and exports, concurrently with Congress. 

" The language of the constitution does not, in terms, make it an 
exclusive power in Congress; the existence of a concurrent power is 
not incompatible with it by Congress; and the States are not ex- 
pressly prohibited from using it by the constitution." A concurrent 
power, therefore, remains in the States as a part of their orginal and 
unsurrendered sovereignty." g 

It has been decided that a law of a State, laying a tax on the Bank 
of the United States, was unconstitutional. 

It has been held, also, by the Supreme Court of the United States, 
that a State had not constitutional authority to tax stock issued for 
loans to the United States. No State can have authority to tax an 
instrument of the United States. 

113. In what manner only can money be drawn from the treasury 
of the United States. 

" No money shall be drawn from the treasury, but in consequence 
of appropriations made by law." Cons, of U. S. Art. I. sect. IX. 6. 

114. What is the provision of the federal constitution as to the 
account of the public money ? 

" A regular statement and account of the receipts and expenditures 

S 2 Story's Comm : p. 412. 



54 OF THE CONGRESS [PART I. 

of all public monies shall be published, from time to time." Art. 
I. sect. IX. 6. 

Power to borroiv money 

115. What power has Congress to borrow money ? 
"Congress shall have power; — to borrow money on the credit of 

the United States." Cons, of U. S. Art. I. sect, VIII. 2. 

Power to regulate commerce. 

116. What power has Congress to regulate commerce? 

" Congress shall have power ; — to regulate commerce with foreign 
nations, and among the several States, and with the Indian tribes." 
Cons, of U, S. Art. I. sect. VIII. 3. 

117. What is meant by the term " commerce " here ? 
It includes navigation and intercourse generally. 

118. May commerce with foreign countries be regulated by trea- 
ties, made by the President and Senate of the United States ? 

Yes. 

" From the nature of this power, it must be exclusive." 

" The general power of Congress to regulate commerce is not 
restricted to the mere buying and selling, or exchanging, of merchan- 
dize and commodities, but includes navigation, as well as commercial 
intercourse in all its branches, and extends to all vessels by whatso- 
ever force propelled, and to whatsoever purposes applied," 

Under this power acts of Congress have been passed prescribing 
the requisites to constitute " American vessels " or requiring them to 
be navigated by " American seamen," or to conform to other regula- 
tions. 

" The power to regulate commerce, thus understood, extends to 
every species of commercial intercourse between the United States 
and foreign nations, and amongst the States of the Union, and the 
Indian tribes." 

" The commerce of the United States with foreign nations, is the 
commerce of the whole Union ; and each State and district has a 
right to participate in it by means of the navigable streams which 
penetrate the country in all directions, and pass through the interior 
of almost every State in the Union." 

The power of Congress to regulate foreign commerce, must be 
exercised wherever it exists ; and as a foreign voyage may commence 
and terminate at a port within the same State, this power of Con- 
gress may be exercised within a State. 

" The power of Congress, then, comprehends navigation within 
every State in the Union, so far as that navigation may be in any 
manner connected with " commerce with foreign nations, or among 
the several States, or with the Indian tribes." 

" As the power of regulating commerce reaches the interior of a 
State, and maybe there exercised, Congress has a right not only to 
authorize importations, but to authorize the importer to sell, 






CH. III.] OF THE UNITED STATES. 55 

An act of a State Legislature, requiring wholesale importers and 
sellers of foreign goods to obtain a license from the State, and to pay 
a sum of money for the privilege of selling, was consequently held 
to be void, as repugnant not only to that provision of the constitution 
which restricts a State from laying duties on imports, but to that 
which invests Congress with the power " to regulate commerce." 

" The power to regulate foreign commerce extends to the regula- 
tion and government of seamen on board of merchant ships belong- 
ing to citizens of the United States ; to conferring privileges upon 
ships owned and built in the United States ; to quarantine, pilotage, 
and embargo laws ; to wrecks of the seas ; the construction of light 
houses ; the placing of buoys and beacons ; the removal of obstruc- 
tion to navigation in creeks, rivers, sounds and bays; to the establish- 
ment of securities to navigation against inroads of the ocean ; and 
to the designation of particular ports of entry and delivery for the 
purposes of foreign commerce. 

" The regulation of commerce has also been employed for the pur- 
poses of revenue ; of prohibition, retaliation, and commercial reci- 
procity ; to encourage domestic navigation ; and to promote the ship- 
ping and mercantile interests by bounties, discriminating duties, and 
special preferences ; and sometimes to regulate intercourse with a 
view to mere political objects." Duer's Constitutional Jurispru- 
dence, p. 142-5. 

The law of a State granting an exclusive privilege of steam navi- 
gation upon waters wholly in the State, but which are navigable from 
the ocean, was held by the Supreme Court of the United States 
to be void, as repugnant to the federal constitution, so far as such 
privilege interfered with a similar privilege derived from acts of Con- 
gress. 

The power of prohibiting the importation of slaves into the United 
States, after the year 1808, is included in the power to regulate com- 
merce ; as the restriction which postponed its exercise, arose from 
an express exception in the grant of the general power. By acts of 
Congress the slave trade, in importing slaves from foreign countries, 
by citizens of the United States, is declared to be piracy, and punish- 
able with death. 

The power " to regulate commerce among the several States," 
does not extend to that commerce which is completely internal ; and 
comprehensive as are the terms in which it is conferred, it is, never- 
theless, restricted to that commerce which concerns more States than 
one. 

"For the genius and character of the government evince that its 
action is to be applied to all the external concerns of the nation, and 
to the internal concerns which affect the States generally ; but not io 
those which are completely within a State, which do not affect other 
States, and with which it is not necessary to interfere for the purpose 
of executing any of the general powers of the national government. 



5$ OF THE CONGRESS [PART I. 

" The completely internal commerce of a State is therefore re- 
served for the State itself; but, as the power of Congress to regulate 
foreign commerce does not stop at the jurisdictional lines of the 
States, so the power to regulate commerce amongst the States is not 
limited by State boundaries. 

11 For not only do waters communicating with the ocean penetrate 
into the interior, and pass in their course through the several States ; 
but in many cases there are waters in and upon the boundaries of 
several of the States, which, though not navigable to the sea, afford 
means of commercial intercourse between those States, and furnish 
occasions to Congress for the exercise of the power in question. 

" This power maybe exercised wherever the subject exists ; and 
if the means of commercial intercourse exist within a State ; if, for 
instance, a coasting voyage may commence or terminate within a 
State, then the power of Congress to regulate commerce amongst the 
States, may be exercised within a State. 

" Commerce amongst the States must necessarily be within the 
States ; and in the regulation of the Indian trade, the action of the 
law is chiefly within individual States ; whilst in this case, as well as 
with respect to commerce amongst the States, the power of Congress 
being co-extensive with the subject on which it acts, cannot be 
stopped at the internal boundary of the State, but must enter its lim- 
its, and be exercised within its territorial jurisdiction. 

"The power of Congress to regulate commerce amongst the States, 
extends to regulating navigation, and to the coasting trade and fish- 
eries, within as well as without any State, wherever they are connect- 
ed with the commercial intercourse with any other State, or with 
foreign nations. 

"It extends also to the regulation and government of seamen; to 
conferring privileges upon vessels engaged in the coasting trade; and 
to the navigation of vessels engaged solely in carrying passengers, as 
well as of those engaged in traffic, whether propelled by steam or 
otherwise. 

" The principles upon which a State law, requiring importers and 
venders of foreign goods to obtain a license from the State govern- 
ment, was declared to be repugnant to the constitution of the United 
States, were held to apply to a similar interference with importations 
from one State to another. 

"Although the power of a State to regulate its purely internal 
commerce, and establish its own police to control and promote that 
trade, and to guard the health and safety of its citizens, are undoubted ; 
yet, 'neither these, nor any other acknowleged State powers, can, 
consistently with the federal constitution, be so used as to obstruct or 
defeat the power of Congress to regulate commerce amongst the 
States. 

Nevertheless, if measures within the powers of State Legislation 
do not come into actual collision with the powers of the the genera) 



CH. III.] OF THE UNITED STATES. 51 

government over navigable streams within a State, the national 
courts can take no cognizance of those measures or their effects, 
where there has been no legislation of Congress with which the 
operation of the State law could interfere. 

The power of Congress to regulate commerce with the Indian 
tribes is to be construed in the same manner ; and it extends equally 
to tribes living within, or without the territorial limits of the United 
States ; and the trade with them, in all its forms, is subject exclu- 
sively to the regulation of Congress. 

" The Indian territory within the United States composes a part of 
the Union ; and in the intercourse between the general government 
and foreign nations, in commercial regulations, and in any attempt at 
intercourse between foreign nations and the Indian inhabitants, they 
are considered as within the jurisdictional limits of the United States, 
and subject to many of the restraints which are imposed by the latter 
on their own citizens. 

The tribes residing within the acknowleged boundaries of the 
Union, are not deemed foreign nations, within the meaning of the 
Constitution, but are considered as domestic dependant nations, occu- 
pying a territory to which the United States assert a title, which must 
take effect when the right of occupancy of the Indian ceases ; and in 
the mean time they are in a state of pupilage to the general government. 

" Congress has from time to time passed laws to regulate trade and 
intercourse with the Indians, which treat them as nations, respect 
their rights, and manifest a purpose to afford that protection to them 
for which treaties stipulate ; which laws, and especially the laws now 
in force, consider the several Indian Nations as distinct political com- 
munities, having territorial boundaries, within which their authority 
is exclusive. 

" The treaties and laws of the United States contemplate the Indian 
territory as completely separated from that of the States ; and pro- 
vide that all intercourse with them shall be carried on exclusively by 
the government of the Union; whilst the powers of Congress to 
regulate commerce, to declare war, make peace, and conclude treaties, 
comprise all that is required for regulating intercourse with the In- 
dians." Duer's Constitutional Jurisprudence, p. 155-161. 

Power to naturalize aliens. 

119. What power has .Congress as to the naturalization of aliens ? 

"Congress shall have power to establish an uniform rule of natu- 
ralization throughout the United States." Cons, of U. S. Art. I 
sect. VIII. 4. 

120. Is this power exclusive in Congress ? 

Yes; the States severally have no power on the subject. 

121. What is the provision of the federal constitution as to the 
privileges and rights of citizens of each State in the several other 
States ? 

8 



58 OF THE CONGRESS [PART I. 

"The citizens of each State shall be entitled to all the privileges 
and immunities of citizens in the several States." Cons, of U. S. 
Art. IV. sect. IT. 1. 

122. Who are aliens? 

Aliens are persons born out of the jurisdiction of the United 

States, g 

123. Has Congress passed laws for the naturalization of aliens ? 

Yes. 

124. How may aliens be naturalized, or become citizens of the 
United States ? 

They may be naturalized by the courts of record of the United 
States, or of the several States, under the Acts of Congress, upon 
complying with the provisions thereof. 

125. What are the requisites, in general, under the Acts of Con- 
gress, for the naturalization of aliens ? 

Any alien, being a free white person, of the age of twenty-one 
years, not a native citizen, denizen or subject of a country at war with 
the United States, may be so naturalized, on the following conditions : 

I. The applicant must have declared his intention, under oath or 
affirmation, to become naturalized, before some federal or State court 
of record, or its clerk, two years before his admission ; unless he has 
resided in this country since 1812; or unless being a minor he has 
resided therein three years before he became of the age of twenty- 
one years. II. The applicant must have resided for the continued 
term of five years, next preceding his application, within this coun- 
try, and one year within the State where the application is made; 
and that during that time he has behaved as a man of good moral 
character, attached to the principles of the constitution of the United 
States, and well disposed to the good order and happiness of the same ; 
which must be proved to the satisfaction of the Court, by other testi- 
mony than the applicant's own oath. III. The applicant must, at 
the time of his application, declare on oath or affirmation, before the 
court, that he will support the constitution of the United States, and 
that lie doth absolutely and entirely renounce and abjure all allegiance 
and fidelity to every foreign prince, potentate, state or sovereignty 
whatever, and particularly by name the prince, 'potentate, State and 
sovereignty, whereof he was born a citizen or subject. IV. The 
applicant must make in the court, an express renunciation of any 
hereditary title, or order of nobility, that he may have borne in the 
kingdom or State from which he came. 

126. Are the children of persons duly naturalized, being under the 

g See head Citizens of the United States, p. 27 And as to the rights and 
privileges of Aliens, see p 28. 



CH. III.] OF THE UNITED STATES. 59 

age of twenty one years at the time of their parents being so natu- 
ralized, to be considered as citizens of the United States ? 

Yes. 

The act of Congress confines the description of aliens capable of 
being naturalized to " free white persons." This excludes the inhab- 
itants of Africa, and their descendants. Indians cannot be made citi- 
zens under the act of Congress. 

Bankruptcy. 

127. What power has Congress on the subject of bankruptcy? 
"Congress has power; — to establish uniform laws on the subject 

of bankruptcies, throughout the United States." Co?is. of U S. 
Art. I sect. VIII. 4. 

128. What are, in general, the objects of a bankrupt law? 

To compel an equal distribution of the effects of a bankrupt among 
his creditors, without preference, in proportion to their claims, by 
providing that from the time of his committing an act of bankruptcy 
his powpr over his property, shall cease, and that commissioners shall 
be appointed to take possession of it, and to apply the proceeds 
thereof to the payment of his debts; and to exempj the person of a 
bankrupt acting honestly, from liability for his former debts. 

129. Is there any Act of Congress in force now on the subject of 
bankruptcies ? 

No; the last bankrupt law by Congress was passed on the 19th 
day of August, 1842, and was repealed on the 

130. What is the difference, in general, between bankrupt laws 
and insolvent laws ? 

By the bankrupt laws the debtor may be discharged from his 
debts ; but by the insolvent laws he is, usually, only discharged from 
imprisonment or liability thereto. 

131. Have the States severally a right to enact bankrupt laws ? 
Yes ; where there is no Act of Congress oo the subject in force ; 

and provided that they do not violate the provision' of the federal 
constitution, " that no State shall pass any law impairing the obliga- 
tion of contracts. And a bankrupt law of a State cannot affect citi- 
zens of other States. 

Coining money. Currency - 

132. What is the power of Congress as to coining money ? 

" Congress shall ha^e power; — to coin money, and to regulate the 
value thereof, and of foreign coins." Cons, of V. S. Art. I. sect. 
VIII. 5. 

133. What is the provision of the federal Constitution as to the 
power* of the several States on the subject ? 

" No State shall coin money; emit bills of credit; or make any 
thing but gold and silver a tender in payment of debts." Cons, of 
U. S. Art A, sect.X. 1. 



60 OF THE CONGRESS [PART I. 

134. What power has Congress as to the punishment of counter- 
feiting coin ? 

" Congress shall have power ; — to provide for the punishment of 
conterfeiting the securities and current coin of the United States." 
Cons, of U. S. Art. I. sect. VIII. 6. 

Weights and measures. 

135. What is the power of Congress as to weights and measures f 
" Congress shall have power ; — to fix the standard of weights and 

measures." Cons, of U. S. Art. I. sect. VIII. 5. 

136. Has Congress ever exercised this power? 
Yes. 

It is directed by Act of Congress that a complete set of the stand- 
ard weights and measures used at the custom houses, and for other 
public purposes, shall be delivered to the Governor of every State, 
or some person appointed therein, to be uniform standards through- 
out the Union. 

137. What is the power of the several States on the subject? 

Until Congress shall fix a general standard of weights and mea- 
sures for the United States, each State has the power of fixing a stan- 
dard for itself. Many of the States have by law established such 
standards, for certain purposes. 

Post-offices, and post-roads. 

138. What is the power of Congress as to post-offices and post- 
roads ? 

" Congress shall have power ; — to establish post offices and post 
roads." Cons, of U. S. Art. I. sect. VIII. 7. 

" This power isexclusive, so far as it relates to the conveyance of 
letters and other articles by mail ; but not in regard to post roads, as 
it would be unnecessary for Congress to make another road where a 
sufficient one for tfie purpose already existed ; whilst, on the other 
hand, no State has power to deny or obstruct the passage of the mail 
over its public roads. 

"Various provisions, in. regard to post offices and the conveyance 
of letters and other articles by mail, have been made by Congress at 
different times, founded on the principle of the power being exclusive 
as to those objects." Duer's Constitutional Jurisprudence, p. 161, 
162. 

It has been claimed, that under this power, in conjunction with the 
powers to raise money to provide for the general welfare, and to pass 
all laws necessary and proper for carrying into execution the powers 
vested in the general government, Congress has power to appropriate 
money and provide for internal improvements in the several States 
by means of roads and canals. 

It has also, been claimed that Congress has the power to lay out, con- 
struct and improve post roads and military roads, with the assent of 



CH. III.] OF THE UNITED STATES. 6l 

the States through which they pass, as well as to construct canals 
through the several States, for promoting and securing internal com- 
merce, and for the more safe and economical transportation of troops 
and military stores in time of war; leaving the right of jurisdiction 
over the soil to the respective States. 

Copy rights, and patent rights. 

139. What is the power of Congress as to patent rights and copy 
rights ? 

" Congress shall have power ; — to promote the progress of science 
and useful arts, by securing for limited times to authors and inventors 
the exclusive right to their respective writings and discoveries.'* 
Cons, of U. S. Art. I. sect. VIII. 8. 

140. Has Congress passed laws on this subject? 

Yes. There are acts of Congress securing to authors of books, &c, 
being citizens of the United States, or residents therein, the exclusive 
right of printing, publishing and selling them : for twenty-one years, 
to be renewed for fourteen years by the author or his widow or chil- 
dren ; and to inventors of useful arts, machines, manufactures &c, 
the exclusive right of making and selling the same for fourteen 
years. 

141. What is such a right called ? 

The right intended to be secured to an author is called a copy right ; 
and to an inventor, a patent right. 

Piracies and felonies on the high seas. 

142. What power has Congress as to piracies and felonies on the 
high seas ? 

Congress shall have power ; — to define and punish piracies and 
felonies committed on the high seas.'' Cons, of U, S. Art. I. sect. 
VIII. 10. 

Piracy is defined by the law of nations to be robbery, or a forcible 
depredation, on the high seas, without lawful authority. And by the 
high seas is understood not only the ocean out of sight of land, but 
waters on the sea coast beyond the boundary of low water mark. 

Congress has the right to pass laws to punish pirates, though they 
be foreigners, and may have committed no particular offence against 
the United States ; and for the purpose of giving jurisdiction, it is of no 
importance on whom, or where a piratical offence has been committed. 

By Act of Congress robbery on the high seas, or in any open 
roadstead or bay, where the sea ebbs and flows, in or upon any 
vessel or its crew or lading, is punishable as piracy. 



62 OF THE CONGRESS [PART I. 

Offences against the law of nations. 

143. What power has Congress as to offences against the law of 
nations ? 

"To define and punish offences against the law of nations." 
Cons, of U. S. Art. I. Sect. VIII. 10. h 

Offences against the law of nations are violations of safe conducts, 
or passports", infringements of the rights of amhassabors or other for- 
eign ministers, and piracies. There are acts of Congress providing 
for the punishment of these offences. 

War. 

144. What is the power of Congress as to declaring war? 
"Congress shall have power; — to declare war; grant letters of 

marque and reprisal ; and to make rules concerning captures on sea 
and land." Cons, of U. S. Art. I. sect. VIII. 11. 

145. What are letters of marque and reprisal? 

Commissions from a government to private citizens to seize and 
capture the bodies or property of another nation. They are gener- 
ally issued in time of war. A person so commissioned is called a 
privateer. 

146. What is the provision of the federal constitution as to any 
State engaging in war ? 

" No State shall without the consent of Congress ; engage in war, 
unless actually invaded, or in such imminent danger, as will not admit 
of delay." Cons, of IT. S. Art. I. sect. X. 2. 

" No State shall grant letters of marque and reprisal." Art. I. 
sect. X. 1. 

Army and Navy. 

147. What is the power of Congress as to raising and supporting 
armies and navies ? 

" Congress shall have power;— to raise and support armies; but 
no appropriation of money to that use shall be for a longer term than 
two years." Cons, of U. S. Art. I. Art. VIII. 12. 

148. What is the power of Congress as to a navy ? 

** Congress shall have power ; — to provide and maintain a navy." 
Cons, of U. S. Art. I. sect. VIII, 13. 

149. What is the power of Congress as to the government of the 
land and naval forces ? 

" Congress shall have power ; — to make rules for the government 
and regulation of the land and naval forces." Cons, of U. S. Art. 
I. sect. VIII. 14. 

h See, as to the law of nations, Part ii. chap. ii. 



CH. III.] OF THE UNITED STATES'. 63 

150. Are the several States prohibited from keeping troops or 
ships of war ? 

"No State shall, without the consent of Congress; — keep troops 
or ships of war, in time of peace." Com. of U. S. Art. I. sect. 
X. 2. 

Military academy. 

151. How is the power of Congress to establish a military aca- 
demy derived ? 

It is an incidental power ; incidental to the powers to make war, 
to raise armies, to provide and maintain a navy, and to lay and collect 
taxes, to provide for the common defence and general welfare. 

Militia. 

152. What is the power of Congress as to calling out the militia ? 

" Congress shall have pow^r; — to provide for calling out the mili- 
tia, to suppress insurrections, and repel invasions." Cons, of U. S. 
Art. I. sect. VIII. 15. 

153. What is the power of Congress as to organizing, arming, 
disciplining, and governing the militia? 

"Congress shall have power; — to provide for organizing, arm- 
ing and disciplining the niliiia, and for governing such part of them 
as may be employed in tie service of the United States, reserving to 
the States, respectively the appointment of the officers, and the 
authority of training the militia, according to the discipline prescribed 
by Congress." Cons. ofU. S. Art. I. sect. VIII. 16. 

154. Is the President of the United States commander-in-chief of 
the militia of the several States, when called into the actual service of 
the United States ? 

Yes. Cons, of U. S. Art. II. sect. II. 1. 

155. How are arms provided for the militia? 

Under acts of Congress, the general government famishes to the* 
several States arms and military equipments, in proportion to their 
number of militia respectively. There are national armories for the 
manufacture of such arms and equipments. The arms and equip- 
ments thus supplied are preserved by the States, to be distributed to 
the militia for discipline, and to be ready for actual service. 

156. Are there Acts of Congress for organizing and disciplining 
the militia in the several States ? 

Yes. 

157. Are there Acts of Congress providing in what manner the 
militia may be called forth into the service of the United States ? 

Yes. It is provided, in general, by the Acts of Congress, that the 
President of the United States shall be authorized, in case of inva- 
sion, or of imminent danger of it, to call forth such number of the mili- 
tia, most convenient to the scene of action, as he may deem neces- 



64 OF THE CONGRESS [PART I. 

sary. The President's oiders, for this purpose, may be given to the 
chief executive magistrate of a State, or to any militia officer he may 
think proper. The manner in which the militia is to be organized, 
armed, disciplined, and governed, is prescribed ; and provision made 
for drafting, detaching, ar.d calling forth the State quotas, when re- 
quired by the President. The militia so called out are made subject 
to the rules of war. And persons refusing or neglecting to perform 
military service, when regularly cailed or drafted, are liable to a fine, 
to be adjudged by a court-martial, composed of militia officers. 

158. Has it been adjudged by the Supreme Court of the United 
States that, under the federal constitution and Acts of Congress, it 
belongs exclusively to the President to judge when the exigency 
arises, in which he may call forth the militia ? 

Yes. i 

Seat of Government of the United States fyc. 

159. Has Congress the power of exclusive legislation over the Dis- 
trict of Columbia, and any other places ? 

" Congress shall have power ; — to exertise exclusive legislation, in 
all cases whatsoever, over such district, (not exceeding ten miles 
square) as may, by cession of particular Saes, and the acceptance of 
Congress, become the Seat of Government of the United States, and 
to exercise like authority over all places purchased, by consent of the 
Legislature of the State, in which the same shall be, foi the erection 
of forts, magazines, arsenals, dock-yards, and other needful build- 
ings." Cons, of U. S. Art. I. sect. VIII. 17. 

160. What district has become the seat of government of the 
United States ? 

The District of Columbia, in which is th3 city of Washington. 

261. Is th^re any representative or Senaior in Congress, from the 
District of Columbia? 
No. 

162. Has it any local legislature ? 
No. 

163. By what laws is it governed ? 

By laws made directly by Congress, either adopting those in force 
there, or enacting new provisions. 

Treason, and the punishment thereof. 

164. What is the power of Congress as to the punishment of trea- 
son ? 

"The Congress shall have power to declare the punishment of 
treason ; but no attainder of treason shall work corruption of blood, 
or forfeiture, except during the life of the person attainted. Cons, 
of U. S. Art. V. sect. II. 2. 

i 1 Kent's Com. on American Law, p. 264, 265. 



CH. III.] OF THE UNITED STATES. 65 

164. What is treason against the United States ? 

" Treason against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid 
and comfort. No person shall .be convicted of treason unless on the 
testimony of .two witnesses to the same overt act, or on confession in 
open court." Cons, of U. S. Art. III. sect. III. 1. 

165. Does the term " war" in this provision comprehend internal 
rebellion as well as hostilities from abroad ? 

- Yes. 

Territory and property of the United States. 

166. What power has Congress as to the territory and property of 
the United States? 

" The Congress shall have power to dispose of, and make all need- 
ful rules and regulations respecting the territory, or other property, 
belonging to the United States." Cons, of U. S. Art. IV. Sect. Ill, 2. 

This territory consists of all the vacant awd other lands belonging 
to the United States. It constitutes the public domain. It is the 
exclusive property of the Union, subject only to the Indian rights 
that may exist. f 

The United States acquired their title to the public lands ; by trans- 
fer or succession from Great Britain, as the effect of the revolution, 
and by the treaty of peace thereon with that nation ; by cessions from 
the different States ; and by purchase, or treaty, from foreign govern- 
ments. 

By Acts of Congress provision is made for the survey and sale of 
the public vacant lands. There is a branch of the treasury depart- 
ment of the United States called the department of public lands, and 
placed under the control of a chief officer, entitled commissioner of 
the general land office. Before any proceedings for the sale of such 
lands, the Indian title to them is extinguished by treaty through 
Indian agents, appointed by the government. Such territory is divi- 
ded into districts, in each of which there is a register and a receiver 
of public moneys. A surveyor general is, appointed for a certain 
number of districts. The territory is surveyed into ranges, town* 
ships, and sections. The townships are six miles square, and divi- 
ded into thirty-six sections of one mile square ; a section thus con- 
taming six hundred and forty acres. The sections are also divided 
into half sections, quarter sections, and eighths of a section. The 
public lands are offered for sale, at first, by auction, at not less than 
one dollar and a quarter per acre, to be paid at the time ; and, if not 
trren sold, they are open for private sale at the land office in the 
district, at that price. Salt springs and lead mines on the public lands 
are reserved to the United States. One section of land iri every town- 
ship is appropriated by Act of Congress for the purposes of education. 

167. What was the condition annexed to the cession of their pub- 

9 



66 OF THE CONGRESS [PART I. 

lie lands that were granted to the general government by the States, 
in relation to the proceeds of the sale of them ? 

That they should be a common fund for the joint benefit of the 
then existing and future members of the Union. 

" These lands, therefore, constitute a fund which may be properly 
devoted to any objects which are for the common benefit of the 
Union."/ 

168. Has the general government power to acquire and purchase 
foreign territory by conquest or treaty, or cession ? 

Yes. It is incidental to the power to make war, and to form trea- 
ties. 

The power to make such purchases is not expressly conferred by 
the federal constitution. It appears to be incidental to the powers to 
form treaties, and to raise and appropriate money " for the common 
defence and general welfare." 

" Since the adoption of the federal constitution large acquisitions 
of national territory have been made by the purchases of Louisiana 
and Florida, and by cession from the State of Georgia ; and the con- 
stitutionality of the two former acquisitions,, though formerly much 
questioned, is now considered settled beyond* any doubt, k 

169. Is the power of Congress over the public territory and prop- 
erty exclusive and universal ? 

Yes. Its legislation over such territory without the limits of the 
several States is absolute and unlimited, unless so far as it is affected 
by stipulations in the cessions, or by ordinances or laws under which 
it has been settled. 

But the power of Congress to regulate other national property is 
not necessarily exclusive in all cases, unless it has acquired by ces- 
sion of the States exclusive jurisdiction. If the national government 
owns a fort, arsenal, hospital, or light house establishment, not so 
ceded, the general jurisdiction of the State is not excluded in regard 
to the site ; but, subject to the rightful exercise of the powers 
of the national government, it remains in full force. I 

Territorial governments. 

170. What are the territorial governments of the United States ? 
Governments of the territories belonging to the United States, and 

not lying within the limits of any State. These governments are 
created by Act of Congress, and are dependant upon- the general 
government. 

" As the general government possesses the power to acquire terri- 
tory, either by conquest or by treaty, it would seem to follow, as an 
inevitable consequence, that it possesses the power to govern what it 

j 3 Story Comm. p 198. 
k 3 Story's Comm. p. 191. 
/ 3 Story's Comm. 198, 



CH. III.] OF THE UNITED STATES. 67 

has so acquired. The territory does not, when so acquired, become 
entitled to self-government, and it is not ^subject to the jurisdiction of 
any State. It must, consequently, be under the dominion and juris- 
diction of the Union, or it would be without any government at all." 
" No one has ever doubted the power of Congress to erect territo- 
rial governments within the territory of the United States, under the 
general language of the clause " to make all needful rules and regula- 
tions." What shall be the form of government established in the ter- 
ritories depends exclusively upon the discretion of Congress. Hav- 
ing a right to erect a territorial government, they njay confer upon it 
such powers, legislative, judicial and executive, as they may deem 
best. They may confer upon it general legislative powers, subject 
only to the laws and constitution of the United States." m 

171. What is the form of government, in those territories, under 
the Acts of Congress ? 

There is for each territory a Governor, judges, and other officers, 
appointed by the general government ; and a legislature consisting of 
a House of Representatives and legislative council, elected by the 
people ; the Governor having an absolute negative upon the acts of 
the legislature. 

172. Have the Territories any Representatives in Congress ? 

There is one delegate from each Territory, chosen by the legisla- 
ture thereof, to the House of Representatives of the United States ; 
but who cannot vote therein. 

Admission of new States into the Union. 

173. What is the provision of the federal constitution as to the 
admission of new States into the Union? 

"New States may be admitted by Congress into this Union; but 
no new State shall be formed or erected within the jurisdiction of any 
other State, nor any State be formed by the junction of two or more 
States, or parts of States, without the consent of the legislatures of 
the States concerned, as well as of the Congress." Cons, of U. S 
Art. IV. aecf.III. 1. 

174. Is there any limitation of this power, in regard to the form 
of government of a State which it is proposed to admit ? 

" The United States shall guarantee to every State in the Union a 
republican form of government." Cons, of U. S. Art. IV. Sect. 

175. Has Congress power to admit into the Union a new State out 
of territory acquired of a foreign, country by conquest or treaty ? 

Yes. 

" As an incidental power, the constitutional right of the United 
States to acquire territory would seem so naturally to flow from the 



m 3 Story's Comra. p, 193-4. 



68 OF TEE CONGRESS [PART I. 

sovereignty confided to it, as not to admit of very serious question. 
The constitution confers on the government of the Union the power 
of making war, and of making treaties ; and it seems, consequently, 
to possess the power of acquiring territory either by conquest or 
treaty. If the cession be by treaty, the terms of that treaty must be 
obligatory; for it is the law of the land. And if it stipulates for the 
enjoyment by the inhabitants of the rights, privileges, and immuni- 
ties of citizens of the United States, and for the admission of the 
territory into the Union as a State, these stipulations must be equally 
obligatory. The^are within the scope of the constitutional author- 
ity of the government, which has the right to acquire territory, te 
make treaties, and to admit new States into the Union." o 

178. Has Congress a right to impose a restriction, prohibiting the 
introduction of slavery into a State, as a condition of its admission 
into the Union ? 

Yes. 

" By this provision, (of the federal constitution) the whole subject 
of admitting new States, where other States are not interfered with, 
is placed under the control of Congress, with the single restriction, 
contained in another clause, that their constitutions must be republi- 
can." p 

"At the time when the preliminary measures were taken for the 
admission of the State of Missouri into the Union, an attempt was 
made to include a restriction, prohibiting the introduction of slavery 
into the State as a condition of its admission. On that occasion the 
question was largely discussed, whether Congrsss possessed a consti- 
tutional authority to impose such a condition, upon the ground that 
the prescribing such a condition is inconsistent with the sovereignty 
of the State to be admited, and its equality with the other States. 
The final result of the vote, which authorized the erection of that 
State, seems to establish the rightful authority of Congress to impose 
such a restriction, although^ was not then applied. In the Act pass- 
ed for this purpose there is an express clause, that in all the territory 
of Louisiana, which lies north of 36° 30' North latitude, not included 
within the limits of the State of Missouri, slavery and involuntary- 
servitude shall be forever prohibited. An objection of a similar 
character was taken to the compact between Virginia and Kentucky, 
containing conditions upon which the latter was erected into a sepa- 
rate State, upon the ground that it was a restriction upon State sover- 
eignty. But the Supreme Court of the United States had no hesi- 
tation in overruling the objection, considering it as opposed to the 
theory of all free governments, and especially of those which consti- 
tute the American republics." g 

o 3 Story's Comm. p. 460. And see, above p. 65, 66. 
p Walker's American Law, p. 45. 
q ^Story's Comm. p. 191. 



CH. Ill-] OF THE UNITED STATES. 69 

Is an Act of Congress constitutional, which provides that a foreign 
territory shall, with the consent of the government or people thereof, 
be annexed to this country, and admitted into the Union as a State, 
or to be entitled to be so admitted uponnhe same terms as territory now 
within the Union? The measures taken to effect the annexation of 
Texas to this country have raised this question, on which there has been 
much difference of opinion. On the one hand, against the constitution- 1 
ality of such an act, the argument has been advanced, that our general 
government is one of limited powers, distributed amongst distinct 
departments or branches of government, which are constituted in a 
particular manner, each operating in its appropriate sphere, and intend- 
ed as a check upon the others ; that by the constitution a treaty 
making power is specially established, the constitution providing that 
the President " shall have power by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the Senators 
present concur;" and that the power of making an arrangement, or 
of adopting any measures with a foreign government or people, is 
thus exclusively vested in the President and Senate. On the other 
hand, in favor of effecting such an annexation by the ordinary legisla- 
tion of Congress, it is maintained, that the power to do so is contained 
in the constitutional provision that " new States may be admitted, by 
Congress, into this Union." 

There appears to be much reason for the opinion, that, in whatever 
manner territory may be acquired by the general government, or 
annexed to this country, the power to admit into the Union new 
States, to be formed out of such territory, is exclusive in" Congress,'* 
to be exercised in the course of legislation. 

General provision as to the powers of Congress. 

177. What general provision is there in the federal constitution as 
to the powers of Congress ? 

" Congress shall have power ; — to make all laws which shall be 
necessary and proper for carrying into execution the foregoing pow- 
ers, and all other powers vested by this Constitution in the govern- 
ment of the United States, or in any department or officer thereof." 
Cons, of U. S. Art. I. sect. VIII. 18. k 

Proof of public acts and records of any State in every other State. 

178. Has Congress power to prescribe the manner in which the 
public acts, records, and judicial proceedings of any State shall be 
proved in every other, and the effect thereof? 

" Full faith and credit shall be given in each State to the public 
acts, records and judicial proceedings of every other State. And 
Congress may, by general laws, prescribe the manner in which such 
acts, records and judicial proceedings shall be proved, and the effect 
thereof. / Cons, of U. S. Art. IV. Sect. I. 



k See chapt. iii. ques. 87-91, inclusive. 

/ See more fully on this subject, Part i. chap, v 



70 ACTS OF CONGRESS. [PART I. 



ACTS OF CONGRESS, OR LAWS OF THE UNITED STATES. 

How enacted. 

179. How may laws originate in Congress ? 

Laws may originate in either House ; except that, by the federal 
constitution, " no bill for raising revenue shall originate in the House 
of Representatives, but the Senate may propose, or concur in amend- 
ments, as in other bills." 

180. How are laws enacted in Congress? 

All laws mast be first passed in one House, and then in the other, 
according to the rules of proceeding in each House. And, by the 
federal constitution, " every bill, which shall have passed the House of 
Representatives and the Senate, shall, before it becomes a law, be 
presented to the President of the United States ; if he approve, he 
shall sign it; but if not, he shall return it, with his objections, to that 
House in which it shall have originated, who shall enter the objec- 
tions at large on their journal, and proceed to re-consider it. If, 
after such re-consideration, two-thirds of that House shall agree to 
pass the bill, it shall be sent, together with the objections to the other 
House, by which it shall likewise be reconsidered, and, if approved by 
two-thirds of that House, it shall become a law. But in all such 
cases, the votes of both Houses shall be determined by yeas and 
nays, and the names of the persons voting for or against the bill shall 
be entered on the journal of each House respectively. If any bill 
shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the Congress by 
their adjournment prevent its return, in which case it shall not be a 
law." Cons, of U. S. Art. I. sect. VII. 2. 

181. Must every joint resolution, order, or vote, of the two 
Houses of Congress, be presented to the President of the United- 
States for his approbation ? 

" Every joint order, resolution, or vote, to which the concurrence 
of the Senate and House of Representatives may be necessary, shall" 
be presented to the President of the United States, and before the 
same shall take effect, shall be approved by him, or being disapproved, 
shall be repassed by two thirds of the Senate and House of Repre- 
sentatives, according to the rules and limitations prescribed in the case 
of a bill." Cons. °of U. S. Art. I. sect. VII. 3. 

182. What is the President's disapproving a bill called? 
His vetoing it. 

183. Are the rules of proceeding in each House of Congress sub- 
stantially the same? 

Yes. 



CH. III.] ACTS OF CONGRESS 71 

184. What is a "bill" in Congress ? 

It is an original draft or project of a law, introduced into either 
House according to the rules thereof. 

185. What is the method, in general, of enacting laws by the two 
Houses of Congress ? 

Bills are introduced into either House, upon the order of the 
House on the reports of standing or select committees, or upon leave 
granted to an individual member on motion, after due notice of his 
intention to move the House to grant it. 

Standing Committees are appointed for the session, in each House, 
upon all the usual subjects of ordinary legislation, and upon the 
general matters incident to the proceedings of each House. 

Select committees are appointed from time to time upon special 
subjects as they arise, and their powers cease upon the performance 
of the temporal duties assigned to them. 

Both standing and select committees are appointed in the House of 
Representatives on the nomination of the Speaker ; and in the Senate 
most generally by ballot, but in some cases on the nomination of the 
President of the Senate. * 

Bills are introduced by standing Committees upon the order of the 
House upon subjects embraced within the general objects of their 
appointment, either accompanied by a report upon those general 
objects, or upon a particular subject, relative thereto, or specially 
referred to them ; or upon the mere motion of the chairman, or any 
other member of the Committee, under its direction, without previous 
notice. 

Bills are in like manner introduced by select committees, upon the 
order of the House on a report relative to the special matter referred 
to them, or on motion, without previous notice, for leave to report 
by bill. 

Every bill must receive three readings before it can be passed by 
either House ; and these several readings must be on different days, 
unless upon a special order, made by the unanimous consent of the 
House, to the contrary. 

No bill can be committed to a committee or amended in either 
House, until it has been read twice ; and upon the second reading of 
the bill, it is declared to be ready for commitment or engrossment ; 
if committed, it is referred either to a standing committee, or to a 
select committee, or to a committee of the whole House ; or if the 
bill, instead of being committed, be ordered to be engrossed, the 
House then appoints a day on which it shall be read the third time. 

If a bill be committed to a committee of the whole, the House 
determines upon what day the committee shall consider it ; and when 
the House resolves itself into such committee, the Speaker leaves the 
chair, after appointing another member to preside as chairman of the 
committee ; and the Speaker may take part in the debates of the 
committee as an ordinary member. In the Senate the President o£ 
the Senate acts as chairman of the committee of the whole. 



73 ACTS OF CONGRESS. [PART I. 

Important bills are generally referred to a committee of the whole 
House ; and every motion or proposition for a tax or charge upon the 
people, or for a variation in the sum or quantum of a tax or duty, 
or for an appropriation of money, is required first to be discussed \\i 
a committee of the whole. 

After commitment and report to the House, and at any time before 
its final passage, a bill may be re-committed at the pleasure of the 
House : and when a bill, either upon the report of the Committee, or 
after full discussion and amendment in the House, stands for the next 
stage of its progress, the question is whether it shall be engrossed and 
read a third time. 

When a bill has been engrossed for a third reading, and, upon 
being read the third time, has passed one House, it is transmitted for 
concurrence to the other House, in which it is subjected to similar 
forms of examination and discussion. 

If it be altered or amended, or agreed to without amendment, or 
totally rejected, in the House to which it has been sent for concur- 
rence, it is, in either case, returned to the House in which it origi- 
nated, with a message communicating the result. 

If amendments be made to a bill in the House to which it is trans- 
mitted for concurrence, they must be acted upon by the other House, 
and if agreed to, the bill is passed ; if disagreed to, the House making 
them must recede from them, or, if insisted upon, the bill fails, unless 
the two Houses, through committees of conference or otherwise, 
come to an agreement on the subject. 

When a bill has passed both Houses of Congress, it is delivered 
to a joint committee of both Houses for enrollment, who see that it 
is correctly copied ; it is then signed by the presiding officers and 
clerks of the two Houses ; and presented, by a joint committee,, to the 
President of the United States for his approval, or disapproval, of it. 

Authority and force. 

186. Of what force are Acts of Congress? 

44 This constitution, and the laws of the United States which shall 
be made in pursuance thereof; — shall be the supreme law of the 
land; and the judges in every State shall be bound thereby, any 
thing in the constitution or laws of any State to the contrary notwith- 
standing. Cons, of U. S. Art. VI. 2. 

187. Does the power to make laws include the power to repeal 
them ? 

Yes. 

188. What is a law passed by Congress called ? 
An act of Congress, or law of the United States, 

189. What is a statute? 

A statute is a written law of a country, made and enacted by the 



CH. 



III.] ACTS OF CONGRESS 73 



legislative authority thereof, m The Acts of Congress are the 
statutes of the United States. 

190. When is an Act of Congress to be considered as having been 
passed and enacted ? 

When it was approved and signed by the President of the United 
States, or, without his approval, became a law, as prescribed by the 
federal constitution. 

191. What is the date of an Act of Congress? 

The day of its being approved by the President of the United 
States, or of its becoming a law. 

192. From what time does a law begin to take effect ? 
From its date, unless it is otherwise provided in its terms. 

193. Does the latest statute repeal all former statutes so far as 
their provisions are contrary to or inconsistent with it ? 

Yes. 

194. May an Act of Congress, which has gone through all the 
forms of a law, be declared unconstitutional and void ? 

Yes. Any act of Congress, which is contrary to the provisions 
of the federal constitution, is void ; and may be so adjudged by the 
courts of justice, in the administration of the law. 

195. How may an Act of Congress be finally adjudged to be 
constitutional or unconstitutional ? 

By the Supreme Court of the United States; to which appeals 
may be had from all the inferior Courts of the United States ; and 
from the highest court of law or equity in any State, when the 
validity or construction of any such Act of Congress shall be drawn 
in question, and the decision shall be against it. h 

196. May the State courts, in the ordinary course of administering 
justice, pronounce a law of the United States, or an authority exer- 
cised under the national government, to be void, as repugnant to the 
federal constitution. 

Yes ; but this power is exercised subject to the appeal which lies 
in all such cases to the Supreme Court of the United States, whose 
decision alone is final and conclusive. 

m See Part the Second, chap. ii. 

n See head Judiciary, chap. ix. and, also, chap. ii. p. 31. 



10 



CHAPTER IV. 

POWERS PROHIBITED TO CONGRESS, AND THE GENERAL 
GOVERNMENT. 

1. Are there certain powers expressly prohibited, by the federal 
constitution, to the Congress, and the general government ? a 

Yes. 

2. Are there powers prohibited to Congress by certain general 
principles and provisions, which arc contained in the federal 
constitution ? b 

Yes. 

3. Can Congress, or the general government, exercise any power 
thus prohibited, or contrary to any provision of the federal constitution ? 

No. It would be unconstitutional. 

Importation of slaves. 

4. What is the provision of the federal constitution as to the 
importation of slaves? 

"The migration or importation of such persons as any of the 
States now existing shall think proper to admit, shall not be pro- 
hibited by the Congress prior to the year one thousand eight hundred 
and eight ; but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person." Cons, of XJ. S. Art. L 
sect. IX. 1. 

5. Does this imply that Congress has had the power, since the 
year 1808, and now possesses it, to prohibit the importation of 
slaves ? 

Yes, Such a power is included in the power of Congress to 
regulate commerce. And there are laws of the United States pro- 
hibiting such importation from any foreign country, under severe 
penalties ; and declaring any participation in the foreign slave trade 
to be piracy. 

By the acts of Congress of 1794 and 1800, all citizens of the 
United States, and residents thereof, were prohibited, under severe 
penalties, from being in any way concerned in carrying on the slave 
trade, except for the direct importation of slaves into the country. 
In 1807 an act of Congress was passed prohibiting altogether such 
importation, to take effect from the first day of the year 1808. The 
act of Congress of 1820 declares any participation in the foreign 
slave trade to be piracy, and punishable with death. 

a See above, chap. i. p. 24, and chap. iii. p. 49, as to the classes of powers. 
b See Part the First, chap. vii. 



CH. IV.] POWERS PROHIBITED TO CONGRESS. 15 

The ordinance of Congress of 1787, providing for the government 
of the Nortli Western Territory, forever prohibited slavery therein. 
The act of Congress admitting Missouri as a State into the Union, 
expressly prohibits slavery in all the territory West of the Mississippi, 
and North of the latitude of 36° 30', except Missouri, c 

Writ of Habeas Corpus. 

6. What is the provision of the federal constitution as to the writ 
of Habeas Corpus 1 

"The privilege of the writ of Habeas Corpus shall not be 
suspended, unless when in case of rebellion, or invasion, the public 
safety may require it." Cons, of U. S. Art. I. sect. IX. 2. 

7. What is the writ of Habeas Corpus ? 

It is a writ issued by a judge or a court of justice, at the instance, 
or in behalf, of a person alleged to be unlawfully imprisoned, or 
deprived of his liberty, in any manner ; requiring that he shall be 
produced, with the cause of his imprisonment, before a judge or 
court of justice, that, if sufficient cause is not shewn to the contrary, 
he may be discharged or liberated. 

8. Is there a similar provision in the constitutions of most of the 
several States ? 

Yes. d 

BUI of attainder. 

9. What is the provision of the federal constitution as to a bill of 
attainder ? 

" No bill of attainder shall be passed." Cons, of U. S. Art. L 
sect. IX. 3. 

10. What is a bill of attainder ? 

A special law, inflicting capital punishment on a particular person 
or persons for an offence or offences before committed, without a 
trial or conviction in the ordinary courts of justice. Such punish- 
ment was formerly attended with forfeiture of estate, and the corrup- 
tion of the blood, called in law "attainder," so as to take away or 
prevent all right of inheritance or succession in his children, e 

If the law inflicts a milder punishment than death, it is called a 
Bill of Pains and Penalties; but it seems, that Bills of Attainder, 
in the sense of the Constitution, include these. 

11. Is there a similar provision in the constitutions of the several 

States ? 
Yes./ 



c See Part i. chap, iii, head Power of Congress to regulate commerce. 

d See Part ii. chap. iii. 

c See, as to Pennsylvania, Part the thud, chap. iii. 

/ See Part the second, chap. iii. 



76 POWERS PROHIBITED TO CONGRESS. [PART I. 

Ex post facto laws. 

12. What is the provision of the federal constitution as to ex post 
facto laws ? 

" No ex post facto law shall be passed." Cons, of U. S. Art. I. 
sect. IX. 3. 

13. What is an ex post facto law ? 

A law relative to an act done or committed before the law was 
enacted. It has been adjudged that the prohibition refers only to 
criminal laws, and applies to any law which makes an act criminal 
which was before innocent, or punishable in a mode or measure in 
which it was not punishable when the act was committed, unless it 
be to diminish the punishment. 

14. Is there a similar provision in the constitutions of the several 
States ? 

Yes. g 

As to taxes or duties. 

15. What prohibition is there in the federal constitution as to the 
manner of laying taxes or duties ? 

" No capitation, h or other direct tax, shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed." Cons, 
of V. S. Art. I. sect. IX. 4. 

As to taxes on exports. 

"No tax or duty shall be laid on articles exported from any State." 
Cons, of V. S. Art. I. sect. IX. 5. 

As to the ports and commerce of the several States. 

16. What prohibition is there in the federal constitution as to 
giving a preference to the ports or commerce of any one State over 
another ? 

" No preference shall be given, by any regulation of commerce or 
revenue, to the ports of one State over those of another ; nor shall 
vessels bound to or from one State be obliged to enter, clear, or pay 
duties, in another." Cons, of V. S> Art. I. sect. IX. 5. 

Drawing money from the treasury. 

17. What prohibition is there in the federal constitution as to draw- 
ing money from the treasury of the United States ? 

" No money shall be drawn from the treasury, but in consequence 
of appropriations made by law." Cons, of U. S. Art. I. sect. IX. 6. 

g See Part the Second, chap, iii ; and as to Pennsylvania, Part the 
Third, chap. iii. 
h See Part the First, for the meaning of the terms, p. 52. 



CH. IV.] POWERS PROHIBITED TO CONGRESS. 77 

Titles of nobility fyc. 

18. What is the prohibition in the federal constitution as to titles 
of nobility ? 

" No title of nobility shall be granted by the United States ; and 
no person holding any office of profit or trust under them, shall, 
without the consent of Congress, accept of any present, emolument, 
office or title, of any kind whatever, from any king, prince or foreign 
State." Cons of U. S. Art. I. sect. IX. 7. 

As to religion. 

19. What prohibition is there to Congress as to an establishment 
of religion ? 

" Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof? ? Cons, of U. 8. 
Amend. Art. I. 

" But no religious test shall ever be required as a qualification to 
any office or public trust under the United States. Cons, of U. $. 
Art. VI. 3. 

Freedom of speech and the press. 

20. What is the prohibition to Congress as to the freedom of 
speech and of the press ? 

" Congress shall make no law ; — abridging the freedom of speech 
or of the press." Cons, of U. S. Amend. Art. I. 

Right of petition. 

21. What prohibition to Congress is there as to the right of 
petition ? 

" Congress shall make no law ; — abridging the right of the 
people peaceably to assemble, and to petition the government for 
redress of greivances." Cons, of U. S. Amend. I. 

General provision as to powers not delegated. 

22. What general provision is there, in the federal constitution, as- 
to powers not delegated to the United States ? 

" The powers not delegated to the United States by the constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people." Cons, of U. $. Amend. Art. X. 



CHAPTER V. 
POWERS PROHIBITED TO THE STATES SEVERALLY. 

1. Are there powers expressly prohibited, by the federal constitu- 
tion, to the States severally ? 

Yes? 

2. How may these prohibitions be divided ? 

Into absolute and qualified; those qualified being powers not 
to be exercised " without the consent of Congress." 

3. May not powers expressly granted to Congress, or the general 
government, be of such a nature as to be exclusive, so that the States 
are not authorized severally to exercise them ? 

Yes. a 

4. Are there not prohibitions of power to the several States con- 
tained in certain general principles and provisions of the federal 
constitution ? 

Yes. 

5. Can a State pass a law, or exercise a power, contrary to any 
provision of the federal constitution ? 

No. 

6. As to that class of powers which exist in the general govern- 
ment and the several States concurrently, if the general government 
exercises such a power, can a State exercise it differently ? 

No. b 

7. Are there cases, in which if the general government exercise 
such a power, a State cannot legislate or act on the subject? 

Yes. b 

No treaty or alliance, fyc. 

8. What is the prohibition, in the federal constitution, as to a State 
entering into any treaty or alliance ? 

"No State shall enter into any treaty, alliance or confederation." 
Cons, of U. S. Art. I. sect. X. 1. 

" No State shall, without the consent of Congress, enter into any 
agreement or compact with another State, or with a foreign power." 
Cons, of U. S. Art. I. sect. X. 2. 

The implied power of a State to enter into agreements with another 



a See, above, chap. vii. ques. 1-5, inclusive. 

b See, above, chapt. ii. p, 33-4, and chap. iii. p. 50-1. 



CH. V.] POWERS PROHIBITED TO THE STATES. 79 

State or foreign power, with the consent of Congress, js understood 
to refer only to agreements respecting matters of locil concern, as 
questions of boundary, and the like. 

Not to engage in War. 

9. What is the prohibition ? 

" No State shall ; — grant letters of marque and reprisal. Cons, of 
U. S. Art. I. sect. X. 1. 

" No State shall, without the consent of Congress ; — engage in 
war, unless actually invaded, or in such imminen/ danger as will not 
admit of delay." Art. I. sect. X. 2. 

Not to keep troops, fyc. 

10. What is the prohibition ? 
" No State shall, without the consent of Congress ; — keep troops 

or ships of war in time of peace." Cons, of If. *S. Art. I. sect. X. 2. 

Not to coin money, emit bills oj credit, fyc. I 

11. What is the prohibition? 

" No State shall ; — coin money ; emit bi/ls of credit ; make any 
thing but gold and silver coin a tender in payment of debts." Cons* 
of U. S. Art. I. sect. X. 1. 

No law impairing contracts. 

12. What is the prohibition ? 

"No State shall; — pass any law impairing the obligation of 
contracts." Cons, of U. S. Art. I. sect. X. I. 

13. What has been adjudged as to the coistruction of this provi- 
sion of the federal constitution ? 

That the prohibition is limited to the passa/e of any law impairing 
prior contracts. That it extends to contacts between States, or 
between a State and individuals ; a charter <>r law creating a private 
corporation being such a contract, but not a charter or law creating a 
public corporation, c 

By contracts, in the sense of the constitution, are understood: 
1. Every executed agreement, whether beiween individuals, or 
between individuals and a State; 2. Every executory agreement, 
which confers a right of action, or creates a binding obligation, in 
relation to property or some object of value, and which may be 
enforced in a court of justice. But the term contract does not 
comprehend the political relations between a government and its 
citizens. 

A legislative compact or grant is within the meaning of the consti- 
tution ; and when a law in its nature amounts to a contract, and 
absolute rights have vested under it, iis repeal can neither divest those 
rights, nor destroy nor impair a title acquired under them ; for a grant 
is a contract executed. 

c As to public and private corporations, see Part the Second, chap. ii. 



80 POWERS PROHIBITED TO THE STATES. [PART I. 

14. Is then a like express prohibition, in the federal constitution, 
on Congress I 

No. Congress has, however, no power to interfere with contracts, 
unless it be expressly granted to it. Congress is invested with this 
power in relation to Bankruptcies, as an enumerated, not as an implied 
power ; and in no other form can it impair the obligation of a 
contract. 

15. Is there a sixiilar provision in the constitutions of the several 

States ? 
Yes. 

No ex post facto lav. 

16. What is the piohibition ? 

" No State shall piss ; — any ex post facto law." d Cons, of U. 
S. Art. I. sect. X. 1. 

No bills of attainder. 

17. What is the prohibition ? 

" No State shall ; — piss any bill of attainder." e Cons, of U. $. 
Art. I. sect.X. 1. 

No title of nobility. 

18. What is the prohibition? 

" No State shall ; — grant any title of nobility." Cons, of U. S. 
Art. I. Sect. X. 1. 

No duties on imports br exports. 

19. What is the prohibition ? 

" No State shall, witlout the consent of Congress, lay any imposts 
or duties on imports W exports, except what may be absolutely 
necessary for executing jits inspection laws ; and the nett produce of 
all duties and imposts, lid by any State on imports or exports, shall 
be for the use of the Treasury of the United States ; and all such 
laws shall be subject tc the revision and control of Congress."/ 
Cons, of U. S. Art. L stct. X. 2. 

No duty on tonnage. \ 

20. What is the prohibition ? 

" No State shall, without the consent of Congress, lay any duty 
on tonnage." Cons, of U. SI. Art. I. sect. X. 2. 

21. What is tonnage? 

The capacity of a ship or vessel, or weight of goods carried by 
her, estimated per ton. 

d See explanation of terms, page 76. 
e See explanation of terms, page. 75. 

/ See explanation of terms above, page 51 ; and as to the powers of 
the several States to lay taxes generally, p. 53. 



CH. V.] POWERS PROHIBITED TO THE STATES. 81 

Fugitives from service or labor. 

22. What is the provision of the federal constitution as to fugitive* 
from labor and service ? 

" No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall 
be delivered up, on claim of the party to whom such service or labor 
may be due." Cons, of U. S. Art.'lY. sect. II. 3. 

The terms "held to labor or service" have been judicially con- 
strued to comprehend or mean slaves. The course of proceeding for 
the arrest and recovery of fugitive slaves by their owners is directed 
by Act 'of Congress, of February 12th, 1793; which provides that 
when a person held to labor or service in any of the United States, 
or in either of the territories on the North West or South of the 
river Ohio, under the laws thereof, shall escape into any other of the 
said States or territories, the person to whom such labor or service 
may be due, his agent or attorney, is empowered to seize or arrest 
such fugitive, and to take him or her before any judge or District 
Court of the United States, residing or being within the State, or 
before any magistrate of a county, city or town corporate, where such 
seizure or arrest shall be made, and upon proof to the satisfaction of 
such judge or magistrate, either by oral testimony, or affidavit taken 
before and certified by a magistrate of any such State or territory, 
that the person so seized or arrested doth, under the laws of the State 
or territory from which he or she fled, owe service or labor to the 
person claiming him or her, it shall be the duty of such judge or 
magistrate to give a certificate thereof to such claimant, which shall be 
sufficient warrant for removing the said fugitive to the State or territory 
from which he or she fled. The Act of Congress, also, imposes a 
penalty upon any person knowingly and wilfully obstructing or 
hindering such claimant from seizing or removing his fugitive slave. 

State judges or magistrates are not compelled to exercise jurisdic- 
tion under an Act of Congress ; but they may do so, if not prohibited 
by the laws of the State. 

It has been decided, by the Supreme Court of the United States, 
that the Act of Congress of 1793, was constitutional, and passed in pur- 
suance of an express provision of the constitution of the United States; 
that it excludes all State legislation on the same subject; and that no 
State has a right by its own legislation to interfere with or impede 
the execution of any law of Congress on the subject of fugitive 
slaves. 16 Peters'* Report, p. 569. This decision renders void all 
statute regulations by the several States on the subject, so far as they 
conflict with the Act of Congress. 

It has, also, been adjudged, by ,the Supreme Court of the United 

States, that the owner may pursue and take his fugitive slave in 

another State without warrant; that he may arrest him anywhere, 

and at any time, and that no person has a right to oppose the master, 

11 



82 POWERS PROHIBITED TO THE STATES. [PART I. 

or demand proof of property. 1 Baldivin's Report, p. 571. 16 
Peters' Reports, 539. 

The clause of the federal constitution on this subject, and the Act 
of Congress, apply only to persons escaping or being fugitives from 
labor or service ; and if a slave be voluntarily brought, by his master, 
into a State where slavery does not exist by law, or comes there 
with the consent of his master, the slave becomes free, and cannot 
be compelled to return. 2. Kent's Coram, p. 257, note. 

Where a slave was carried by the owner to France, where slavery 
is not tolerated, and under the operation of whose laws the slave 
became immediately free, and was brought back to Lousiana, it was 
decided by the Courts in that State, that the slave having been free 
for one moment in France could not be reduced to the state of slavery 
again in Lousiana. 2. Kent's Comm. p. 258, in note. 

In some of the slaveholding States, it has been decided in the courts, 
that if a slave goes lawfully from such a State into a non-slaveholding 
State, and acquires a domicil there with his master, or is emancipated 
there by his master, he becomes emancipated, and ceases to be a 
slave on his return. But if he be carried there by his master for a 
temporary purpose, and returns, his state of slavery remains. 2. 
Kent's Comm. 257, in note. 

In some of the States, where slavery does not exist, it is provided 
by statute that persons sojourning in the State may keep their slaves 
there for a limited time ; as in New York for nine months, and in 
Pennsylvania for six months. " These laws are acts of comity on 
the part of those States, and were not required by the constitution of 
the United States, nor by the Act of Congress of Feb. 12th, 1793." 
2. Kent's Comm. p, 257, in note. 



CHAPTER VI. 

OF CERTAIN RIGHTS AND PRIVILEGES EXPRESSLY SECURED 

TO THE SEVERAL STATES, AND THE CITIZENS THEREOF, 

BY THE FEDERAL CONSTITUTION. 

1. Are there certain rights and privileges expressly granted and 
secured to each of the States, and the citizens thereof, by the federal 
constitution ? 

Yes. 

2. Are the provisions of the federal constitution relative to these 
rights and privileges, designed, with others, for the maintenance of 
harmony and proper intercourse amongst the States ? 

Yes. 

3. Are there not, thus, obtained by the States severally, and the 
citizens thereof, certain privileges and benefits, not otherwise to be 
enjoyed, in regard to their particular municipal laws and regulations 
respectively ? 

Yes. 

4. Have not the people of each State, under the federal constitu- 
tion, parted with their power in relation to the subjects of some of 
these provisions, within the particular territory of the State, for the 
mutual benefit of the people of all the States ? 

Yes. * 

As to the public acts, records and judicial proceedings of each State, 

5. What is the provision of the federal constitution ? 

" Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And 
the Congress may, by general laws, prescribe the manner in which 
such acts, records, and judicial proceedings shall be proved, and the 
effect thereof." Cons, of U. S. Art. IV. sect. I. 

6. Is there an act of Congress for carrying this provision into effect? 
Yes. Congress, by the Act of May 26, 1790, provided the mode 

by which records and judicial proceedings should be authenticated, 
and declared, that they should have such faith and credit given to 
them in every court within the United States, as they had by law or 
usage in the courts of the State from whence the records were taken. 

Privileges of citizens of each State in the others. 

*7. What is the privilege of the citizens of each State in the several 
States ? 

" The citizens of each State shall be entitled to all privileges and 
immunities of citizens in the several States. Cons, of U. S. Art. 
IV. sect. II. 1. 



84 RIGHTS SECURED TO THE STATES, &C. [PART I. 

There has been a difference of opinion, whether free colored per- 
sons are citizens within this provision of the federal constitution. 

In Tennessee, it was adjudged by a court of the State, that a State 
may constitutionally prohibit free persons of color from removing 
into the State to reside therein, on the ground that such persons are 
not citizens within the above constitutional provision, for they are 
not in any of the States entitled to all the privileges and immunities 
of citizens. 

Some of the Southern States having by their laws prohibited, or 
placed restrictions upon, the ingress and immigration of free colored 
persons into those States, subjecting them to imprisonment and other 
penalties upon entering therein ; and cases having occurred, in which 
free colored persons from non-slaveholding States, inhabitants and 
citizens thereof, have been imprisoned and punished under those 
laws, their constitutionality has been denied, and much controversy 
between the States concerned has arisen therefrom. 

It would seem, that the question of citizenship, in this connection, 
depends upon the laws and institutions of the State, of which the 
individual was an inhabitant and denizen at the time. 

As to fugitives from justice. 

8. What is the provision of the federal constitution as to fugitives 
from justice ? 

" A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from which he 
fled, be delivered up, to be removed to the State having jurisdiction 
of the crime." Cons, of U. S. Art. IV. sect. II. «. 

9. In what manner is this demand and surrender to be made ? 

By the Act of Congress, of 1790, the executive of the State in 
which the offence was committed must make a demand, accompanied 
with a certified copy of an indictment or affidavit of the committing 
of the offence, upon the executive of the State, where the offender 
has fled, who is authorized to cause him to be arrested, and surren- 
dered to the agent of the executive making the demand. 

Fugitives from service or labor. 

10. What is the provision of the federal constitution as to fugitives 
from labor or service ? 

" No person held to labor or service in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such labor or service, but shall 
be delivered up, on claim of the party to whom such service or labor 
may be due." Cons, of U. S. Art. IV. sect. II. 3. 

11. Is there any Act of Congress on the subject 1 

The Act of Congress of 1793 directs in what manner a fugitive 
from service or labor may be recovered in any State to which he may 
have fled. See above, p. 81. 



on. VI.] RIGHTS SECURED TO THE STATES, &C. 85 

A republican government in every State. 

12. What is the provision of the federal constitution as to the 
United States guaranteeing to every State a republican government ? 

" The United States shall guarantee to every State in this Union a 
republican form of government." Cons, of U. S. Art. IV. sect. IV. 

Protection in each State against invasion. 

13. What is the provision in the federal constitution as to the pro- 
tection of each State against invasion ? 

" The United States shall protect each of the States against inva- 
sion." Cons, of U. S. Art. IV. sect. IV. 

Protection against domestic violence. 

14. What is the provision of the federal constitution as to the 
protection of each State against domestic violence ? 

" The United States shall protect each of them ; — on the applica- 
tion of the Legislature, or of the executive (when the Legislature is 
not convened) against domestic violence." Cons, of U. S. Art. IV 
sect. IV. 



CHAPTER VII. 



OF CERTAIN GENERAL PRINCIPLES, AND DECLARATIONS OF 
RIGHT, CONTAINED IN THE FEDERAL CONSTITUTION. 

1. Are there, in the constitution of the United States, certain gene- 
ral principles and provisions, restrictive of the powers of the govern- 
ment, and declaratory of the liberty and rights of the people. 

Yes. 

2. How may the rights of the people protected by these principles 
and provisions be called and classed ? 

As the declared and preemptory rights of the people. « 

3. What is the authority and force of these principles and pro- 
visions ? 

They are binding on the general government, and the several State 
governments, in all the departments and branches thereof, and on the 
people generally. 



a See Part the First, chap, i. Quest, 39, 



86 DECLARED RIGHTS OF THE PEOPLE. [PART I. 

4. Are they rules of construction by which the federal constitution 
is to be interpreted, and its meaning ascertained ? 

Yes. 

5. Can there be any law of Congress passed, or any power exer- 
cised by the general government, in any of its branches, contrary to, 
or inconsistent with these principles and provisions ? 

No. 

6. Are laws of the several States, or acts of their governments 
respectively, in any of their branches, which are contrary to those 
principles and provisions, unconstitutional and void? 

Yes. 

7. Are there similar principles and provisions contained in the 
constitutions of the several States. 

Yes ; and they are called Declarations or Bills of Rights, b 

8. Are these principles and provisions contained principally in the 
amendments to the federal constitution ? 

Yes. 

9. Are there provisions of this nature, in the federal constitution, 
in the class of powers called " powers prohibited, to the general 
government, and to the several States ?" 

Yes. 

10. Are these provisions of the federal constitution founded on the 
great principles of civil and political liberty ? 

Yes. 

As to the ivrit of Habeas Corpus. 

11. What is the provision of the federal constitution in regard to 
the privilege of the writ of habeas corpus ? c 

"The privilege of the writ of habeas corpus shall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety may 
require it." Cons, of U. S. Art. I. sect. IX. 2. 

As to trial by jury. 

12. What are the provisions of the federal constitution as to the 
right of trial by jury in criminal cases ? 

" The trial of all crimes, except in cases of impeachment, shall be 
by jury, and such trial shall be held in the State where such crime 
shall have been committed: but when not committed within any 
State, the trial shall be at such place or places as the Congress may 
by law have directed." Cons, of U. S. Art. III. sect. II. 3. 

" In all criminal prosecutions, the accused shall have the right to a 
speedy and public trial, by an impartial jury, of the State arid district 
wherein the crime shall have been committed. Cons, of U. S. 
Amendments, Art. VI. 

b See Part the Second, chapt. iii. 

e See, above, chap. iv. ques. 7, for an explanation of the termi. 



CH. VII.] DECLARED RIGHTS OF THE PEOPLE. 87 

13. What is the provision of the federal constitution as to the right 
of trial by jury in civil cases ? 

" In suits at common law, when the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall he preserved; 
and no fact tried by a jury shall be otherwise examined in any court 
of the United States, than according to the common law." Cons, of 
U. S. Amendments, Art. VII. 

14. Are there similar provisions in the constitutions of the several 
States ? 

Yes.d 

Security against unreasonable searches and seizures. 

15. What is the provision of the federal constitution against 
unreasonable searches and seizures ? 

" The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated." Cons of U. S. Amendments, Art. IV. d 

As to to art ants. 

16. What is the provision of the federal constitution as to the 
issuing of warrants ? 

" And no warrants shall issue, but upon probable cause, supported 
by oath or affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized." Cons, of U. S. 
Amendments, Art. IV. d 

Trial on indictment of a grand jury. 

17. What is the provision of the federal constitution as to this mfode 
of trial ? 

" No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war, or public danger." 
Cons, of U. S. Amendments, Art. V. d 

As to the rights of the accused. 

18. What provision is there in the federal constitution as to the 
rights of the accused in criminal prosecutions ? 

"In all criminal prosecutions, the accused shall enjoy the right; 
to be informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor ; and to have the assistance of 
counsel for his defence." Cons, of U. S. Amendment, Art. VI. 

" Nor shall any person be subject, for the same offence, to be twice 
put in jeopardy of life or limb ; nor shall be compelled in any crimi- 
nal case, to be witness against himself." Cons, of U. S. Amend- 
ments, Art. V. d 



d See Part the Second, chap. iii. 



88 DECLARED RIGHTS OF THE PEOPLE. [PART I. 

Protection by the process of law. 

19. What is the provision of the federal constitution securing to 
all the protection of the law ? 

" — Nor snail any person, — be deprived of life, liberty or property, 
without due process of law." Cons, of U. S. Amendments, Art V. e 

As to excessive hail. 

20. What does the federal constitution prohibit in regard to the 
taking of bail ? 

" Excessive bail shall not be required. Cons, of U. S. Amend- 
ments, Art. VIII. * 

As to fines and punishments. 

21. What provision does the federal constitution contain as to fines 
and punishments ? 

— " Excessive fines shall not be imposed ; nor cruel and unusual 
punishments inflicted." Cons, of U. S. Amendments, Art. VIII. / 

Security of private property. 

22. What is the provision of the law as to private property being 
taken for public use ? 

— Nor shall private property be taken for public use, without just 
compensation." e Cons, of U. S. Amendments, Art. V. 

Right to bear arms. 

23. What does the federal constitution provide on this subject ? 

" A well regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be 
infringed." t Cons, of U. S. Amendments, Art. II. 

Quartering of soldiers. 

24. What is the provision of the federal constitution on this subject? 
"No soldier shall, in time of peace, be quartered in any house, 

without the consent of the owner ; nor in time of war, but in a man- 
ner to be prescribed by law." Cons, of U. S. Amendments, 
Art. III. 

Bights and powers reserved to the States respectively, or to the 
people. 

25. What is the general provision in the federal constitution as to the 
rights and powers reserved to the States severally, and to the people ? 

" The powers not delegated to the United States by the constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people."/ Cons, of U. S. Amend. Art. X. 

" The enumeration, in the constitution, of certain rights shall not 
be construed to deny or disparage others retained by the people." 
Cons, of U. S. Amend. Art. IX. 

e See Part the Second, chap. iii. 

f 'Sp.&P*rt 'K^Tlri! "Kap ., V i 



CHAPTER VIII. 
PRESIDENT OF THE UNITED STATES. 

1. In whom is the executive power of the government of the 
United States vested ? 

" The executive power shall be vested in a President of the 
United States of America." Cons, of U. S. Art. II. sect. I. 1. 

2. Is there thus constituted the general executive department of 
the government, in one person ? 

Yes. 

3. What is the object of the executive department ? 
To execute the laws of the United States. 

4. How is the President appointed. 
He is elected by the people. 

Qualifications for President. 

5. Who may be elected President of the United States ? 

" No person except a natural born citizen, or a citizen of the United 
States at the time of the adoption of this constitution, shall be eligi- 
ble to the office of President ; neither shall any person be eligible 
to that office, who shall not have attained to the age of thirty-five 
years, and been fourteen years a resident within the United States." 
Cons, of U. S. Art. II. sect. I. 5. 

Mode of election. 

6. How is the President of the United States elected ? 
By electors, chosen by the people. 

7. What is the number of electors ? 

Each State appoints a number of electors, equal to the whole 
number of Senators and Representatives in Congress to which she 
may be entitled. 

8. What are the qualifications of the electors ? 

" No Senator or Representative, or person holding an office of 
trust or profit under the United States, shall be appointed an elector." 
Cons, of U. S. Art. II. sect. I. 2. 

9. How are the electors to be appointed 1 

Each State shall appoint the number of electors, to which it is 
entitled, in such manner as the Legislature thereof may direct, 
Cons, of U. S. Art. II. sect. I, 2- 

12 



90 OF THE PRESIDENT. [PART I. 

10. What is the actual mode of appointing electors of President 
adopted by the States respectively ? 

It is diverse in the different States ; being, either, by the Legisla- 
ture of the State ; by the people in districts ; or by the people in the 
State at large by general ticket. 

11. Has Congress power to determine the time of choosing the 
electors, and the day on which they shall give their votes, which day 
shall be the same throughout the United States ? 

Yes. Cons, of U. S. Art. II. sect. I. 4. 

12. On what day are the electors to be chosen ? 

On the Tuesday next following the first Monday in November, 
throughout the United States, by Act of Congress of 1845. For- 
merly the several States were authorized to fix the days for choosing 
the electors within the States respectively, within thirty-four days 
preceding the first Wednesday in December, by Act of Congress of 
1792 ; and different days were fixed for the purpose. 

13. On what day are the electors to give their votes ? 
On the first Wednesday in December. 

14. Where are the electors of President to meet for the purpose of 
giving their votes ? 

In their respective States, as provided by the laws thereof. 

15. What are electoral colleges. 

The Presidential electors, met in their respective States, for the 
purpose of giving their votes. 

16. How are the electors, in each State, to vote? 

By ballots for President, and by distinct ballots for Vice President, 
of the United States ; one of whom at least shall not be an inhabitant 
of the same State with themselves. Cons, of U. S, Amend. Art. XII. 

17. How is the result of their votes to be declared ? 

Certified lists of the persons voted for, in the several colleges of 
electors, are to be transmitted to the President of the Senate of the 
United States, who shall, in the presence of the Senate and House of 
Representatives of the United States, open all the certificates, and 
the votes shall be counted. 

18. Is the majority of the votes of the whole number of electors, 
in the several States, necessary to elect a President? 

Yes. 

19. If no person have a majority of the votes of the whole number 
of electors, how is the President to be elected? 

The House of Representatives of the United States is to elect a 
President from the three persons having the highest number of votes 
of the electors ; the votes of the Representatives to be taken by 
States ; and a majority of all the States to be necessary to a choice. 



CH. VJII.] OF THE PRESIDENT. 91 

20. What is the provision of the federal constitution as to the 
mode of election of President, by the electors, or by the House of 
Representatives of the United States ? 

" The electors shall meet in their respective States, and vote by 
ballot for President and Vice President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves ; they shall 
name in their ballots the'person voted for as President, and in distinct 
ballots the person voted for as Vice President ; and they shall make 
distinct lists, of all persons voted for as President, and of all persons 
voted for as Vice President, and of the number of votes for each ; 
which lists they shall sign and certify, and transmit sealed, to the 
seat of government of the United States, directed to the President of 
the Senate: the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and 
the votes shall then be counted : the person having the greatest num- 
ber of votes for President shall be the President, if such number be 
a majority of the whole number of electors appointed. And if no 
person have such majority, then from the persons having the highest 
number, not exceeding three, on the list of those voted for as Presi- 
dent, the House of Representatives shall choose immediately, by 
ballot, the President ; but in choosing the President the votes shall 
be taken by States, the representation from each State having one 
vote ; a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the States, and a majority of all the States 
shall be necessary to a choice." 

21. If the choice devolve upon the House of Representatives, and 
they fail to make a choice before the 4th of March next following, 
who is to act as President? 

The Vice President. Cons, of U. S. Amendment, XII. 

22. What day is fixed by Act of Congress for opening and count- 
ing the votes of the electors ; and, in case of its being necessary, for 
the election of President by the House of Representatives, and of 
Vice President by the Senate, of the United States? 

The second Wednesday in February, after the appointment of 
electors. 

Duration of office. 

23. What is the term of office of the President of the United 
States ? 

Four years ; commencing the fourth day of March after his elec- 
tion. This commencement of the term is provided by Act of Con- 
gress, and recognized by the Xllth Art. of the Amendments to the 
Constitution of the United States. 



92 OF THE PRESIDENT. [PART I. 

Oath of office. 

24. What is his oath of office ? 

" I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of my 
ability, preserve, protect and defend the Constitution of the United 
States." Cons, of U. S. Art. II. sect. I. 8. 

Compensation. 

25. What is the provision of the federal constitution as to the com- 
pensation of the President of the United States ? 

" The President shall, at stated times, receive for his services a 
compensation, which shall be neither increased nor diminished during 
the period for which he shall have been elected ; and he shall not 
receive, within that period, any other emolument from the United 
States, or any of them." Cons, of U. S. Art. II. sect. I. 7. 

26. What compensation does the President receive ? 
Twenty-five thousand dollars, per year ; by Act of Congress. 

Power as to the Army and Navy. 

27. What is the power of the President as to the Army and Navy 
of the United States ? 

" The President shall be commander-in-chief of the Army and 
Navy of the United States, and of the militia of the several States 
when called into the actual service of the United States." Cons, of 
U. S. Art. II. sect. II. 1. 

Power as to the militia. 

28. What power has the President to call forth the militia ? 

By Act of Congress, of 1795, the President is authorized to call 
forth the militia, to execute the laws of the Union, suppress insur- 
rections, and repel invasions, a 

29. Is the President to be exclusive judge as to when these exig- 
encies ari^e, on the occurrence of which the militia may be called 
forth ? 

The Supreme Court of the United States has decided that the 
President is the sole and exclusive judge. 

30. When is the militia to be considered as " in the service of the 
United States?" 

Not until they have reached the place of rendezvous in pursuance 
of the call of the President ; before which they are under the orders 
of the State governments respectively; as adjudged by the Supreme 
Court of the United States. 

a See under the head « Congress &c," as to the militia, p. 63. 



CH. VIII.] OF THE PRESIDENT. 93 

Consulting power. 

31. May the President require the opinions of the Heads of the 
Executive Departments ? 

"He may require the opinion, in writing, of the principal officer 
in each of the executive departments, on any subject relating to the 
duties of their respective offices." Cons, of U. S. Art. II. sect. II. 1. 

Power of -pardon. 

32. Has the President power to pardon offences ? 

" He shall have power to grant reprieves and pardons for offences 
against the United States, except in cases of impeachment." Cons, 
of the U. S. Art. II. sect. II. 1. 

33. May he grant pardons for such offences before, as well as after 
conviction therefor ? 

Yes. ' 

Power as to treaties. 

34. Has the President power to make treaties with foreign nations ? 
" He shall have power, by and with the advice and consent of the 

Senate, to make treaties, provided two-thirds of the Senators present 
concur." Cons, of U. S. Art. II. sect. II. 2. 

35. Of what force are treaties thus made ? 

All treaties made, or which shall be made, under the authority of 
the United States, shall be the supreme law of the land." Cons, of 
U. S. Art. VI. 2. 

36. Are the several States prohibited from making treaties ? 

" No State shall enter into any treaty, alliance or confederation." 
Cons, of U. S. Art. I. sect. X. 1. 

"No State shall, without the consent of Congress, enter into any 
agreement or compact with another State, or with a foreign power." 
Cons, of tf. S. Art. I. Sect. X, 2. 

Power of appointment. 

37. What power has the President to make appointments to office ? 
" The President shall nominate, and, by and with the advice and 

consent of the Senate, shall appoint ambassadors, other public minis- 
ters and consuls, judges of the Supreme Court, and all other officers 
of the United States, whose appointments are not herein otherwise 
provided for, and which shall be established by law. But the Con- 
gress may, by law, vest the appointment of such inferior officers, as 
they think proper, in the President alone, in the courts of law, or in 
the heads of departments." Cons, of U. S. Art. II. sect. II. 2. 

38. Does the President commission all officers of the United 
States ? 

"He shallfcommission all the officers of the United States." Cons. 
of U. S. Art. II. sect. III. 

And this includes all such officers, whether appointed by him, or not, 



94 OF THE PRESIDENT. [PART L 

39. What is the power of the President as to rilling vacancies in 
offices, during the recess of the Senate ? 

" The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions, 
which shall expire at the end of their next session." Cons, of U. 
S. Art. II. sect. II. 3. 

40. Has the President power to create offices? 

No. 

41. Has the President power to remove officers, who were, by and 
with the advice and consent of the Senate, appointed by him ? 

The power of removal has not been expressly given by the feder- 
al constitution to the President; the general opinion, however, has 
been that it is necessarily implied in the power of appointment, where 
the contrary is not provided in terms ; and the practice has been in 
conformity thereto. 

The President, has, thus, the power of creating vacancies and 
appointing officers to fill them up. Officers so appointed in the re- 
cess of the Senate, continue in office until the next session of Con- 
gress. 

42. Are there any officers of the United States who hold their 
offices for life during good behavior? 

None but judicial officers, who cannot be removed except by 
impeachment. 

43. Do all officers of the United States, appointed by him by and 
with the advice and consent of the Senate, hold their offices, at the 
wili of the President as to their removal by him, except where it is 
otherwise provided by the constitution ? 

Yes; under the construction and practice above stated. 

44. With regard to all offices, the appointment to which is confi- 
ded to the President by the federal constitution, can Congress give any 
duration of office which is not subject to his power of removal? 

No. 

45. Under the power of Congress as to the appointment of " infe- 
rior officers," may it not prescribe the term of office, and the manner 
in which the removal, as well as the appointment, shall be made ? 

Yes. Cons, of U. S. Art. II. sect. II. 2. 

Power as to legislation. 

46. What is the power of the President as to bills passed by 
Congress ? 

He has the power of approving or disapproving of every bill, and 
joint order, resolution or vote, passed by Congress, (except on a ques- 
tion of adjournment;) if approved and signed by him, it becomes a 
law ; if not approved by him, it can only become a law by being 



CH. VIII.] OF THE PRESIDENT. 95 

reconsidered and re-passed by two-thirds of both Houses of Congress 
in the manner prescribed by the federal constitution, c 

47. What is the President's power of disapproving a bill called ? 
His veto power. The word veto means " I forbid." 

Power to convene Congress. 

48. What power has the President as to convening Congress ? 

" He may, on extraordinary occasions, convene both Houses ot 
Congress, or either of them." Cons, of U. S. Art. II. sect. III. 

Power to adjourn Congress. 

49. What power has the President as to adjourning Congress ? 

" He may ; — in case of disagreement between them (the two 
Houses of Congress) adjourn them to such time as he shall see 
proper." Cons, of U. S. Art. II. sect. III. 

Communications to Congress. 

50. What is the duty of the President as to giving information to 
Congress of the state of the Union ? 

" He shall, from time to time, give to Congress information of the 
state of the Union, and recommend to their consideration such mea- 
sures as he shall judge necessary and expedient." Cons, of U. S. 
Art. II. sect. III. 

Reception of Ambassadors. 

51. What is the power of the President as to receiving ambassa- 
dors ? 

"He shall receive ambassadors, and other public ministers." 
Cons, of U. S. Art. II. sect. III. 

Execution of the laws. 

52. What is the general duty of the President as to the execution 
of the laws ? 

" He shall take care that the laws be faithfully executed." Cons, 
of U. S. Art. II. sect. III. 

53. Does this clause of the federal constitution confer on the Pres- 
ident any specific power not otherwise vested in him ? 

No. 

Impeachment. 

54. What is the provision of the federal constitution as to the im- 
peachment of the President of the United States ? 

" The President, Vice President and all civil officers of the United 
States, shall be removed from office on impeachment for, and convic- 
tion of treason, bribery, or other high crimes and misdemeanors." d 
Cons, of U. &\ Art. II. sect. IV. 

c See more fully under head " Congress of the United States," p- 71. 
d See on the subject of impeachment under head of Senate of U. S, 
chap. iii. 



96 OF THE VICE PRESIDENT. [PART I. 

Vacancy in the office. 

55. In case of a vacancy in the office of President, who is to act 
as the President ? 

" In the case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the duties of the said 
office, the same shall devolve on the Vice President ; and the Con- 
gress may, by law, provide for the case of the removal, death, resig- 
nation or inability, both of the President and Vice President, decla- 
ring what officer shall then act as President, and such officer shall 
act accordingly, until the disability be removed, or a President shall 
be elected." Cons, of U. S. Art. II. sect. I. 6. 

56. Is there any Act of Congress on the subject? 

The Act of Congress of 1792, provides that, in case also of such a 
vacancy of the office of Vice President, the President pro tempore, 
of the Senate first, and then the Speaker of the House of Repre- 
sentatives of the United States, shall act as President. 

57. What provision is there for the case of a failure to elect either 
a President or Vice President of the United States ? 

The Act of Congress has provided that there shall be a new elec- 
tion of these officers, in such an event. There is doubt whether 
Congress has constitutional power to make such a provision. 



VICE PRESIDENT OF THE UNITED STATES. 

58. How is the Vice President of the United States appointed ? 

He is elected by Electors chosen by the people, in the same man- 
ner as the President ; or in case of their failure so to elect, by the 
Senate of the United States. Cons, of U. S. Art. II. sect. I ; and 
Amendments, Art. XII. 

59. What are the qualifications for the office of Vice President? 

" No person constitutionally ineligible to the office of President, 
shall be eligible to that of Vice President of the United States." 
Cons, of U. S. Amend. Art. XII. 

60. What is the term of office of the Vice President ? 

Four years ; commencing from the fourth day of March after his 
lection ? 

61. What is his compensation? 

Five thousand dollars, per year, by Act of Congress. 

62. What does the federal constitution provide as to his being pre- 
sident of the Senate of the United States ? 

" The Vice President of the United States shall be the president 
of the Senate, but shall have no vote, unless they be equally divided." 
Cons, of U. S. Art. I. sect. III. 4. 



CH. VIII.] VICE PRESIDENT OF UNITED STATES. 97 

63. When may the office of President devolve upon the Vice 
President ? 

" In the case of the removal of the President from office, or of his 
death, resignation, or inability to. discharge the powers and duties of 
the said office, the same shall devolve upon the Vice President." t 
Cons, of U. S. Art. II. sect. I. 6. 

" And if the House of Representatives shall not choose a Presi- 
dent, whenever the right of choice devolves upon them, before the 
fourth day of March next following, then the Vice President shall act 
as President, as in the case of the death or other constitutional disa- 
bility of the President." Cons, of U. S. Amendments, Art. XII. 

64. May the Vice President be impeached ? 
Yes. Cons, of U. S. Art. II. sect. IV. 

65. What provision is made by law for the case of a failure to 
elect either a President or a Vice President ? 

The Act of Congress of 1792 provides that there shall be a new 
election./ 

It is usual for the Vice President to withdraw from the Senate pre- 
viously to the adjournment of the session, in order to afford an 
opportunity to that body to choose a President pro tempore; so that 
there may be such an officer during the recess of the Senate. 

If the Vice President succeed to the office of President, he con- 
tinues in it until the expiration of the term for which the President 
was elected; unless in case of a temporary disability of the President. 

In case of a vacancy in the office of Vice President only, by 
resignation, death, removal or disability, a Vice President cannot be 
elected until the regular period. There is no provision in the con- 
stitution for such an election. 

In case of vacancies in the offices both of President and Vice 
President, by removal, death, resignation or inability, the person 
appointed by Act of Congress continues to act as President until the 
disability be removed, or a new election of President ; provision for 
holding such election being made by Congress. The Act of Congress 
also provides that, where there has been a failure to elect, in the man- 
ner prescribed by the constitution, either a President or Vice Presi- 
dent, a new election shall be held for those officers before the regular 
period ; the person appointed by law continuing to act as President 
in the mean time. 

e As to the provision in the case of the removal, death, &c, of both the 
President and Vice President, see this chapter, head " President," p. 96. 
/"See title " President,"in this chapter, p. 96. 



13 



98 EXECUTIVE OFFICERS OF TJ. STATES. [PART I, 

EXECUTIVE OFFICERS OF THE UNITED STATES. 

66. How may all officers of the general government be classed? 
Into judicial and executive; and the executive into civil and mili- 
tary. 

67. How are offices under the United States created ? 

Offices not created by the federal constitution, can be established 
only by act of Congress. 

Appointment, and removal. 

68. How are the subordinate executive officers of the United 
States appointed ? 

The President of the United States, "shall nominate, and by and 
with the advice and consent of the Senate, shall appoint ambassadors, 
other public ministers and consuls, judges of the Supreme Court, and 
other officers of the United States, whose appointments are not here- 
in otherwise provided for, and which shall be established by law. 
But the Congress may, by law, vest the appointment of such infe- 
rior officers, as they think proper, in the President alone, in the 
Courts of law, or in the heads of departments." Cons, of U. S. 
Art. II. sect. II. 2. 

"The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate by granting commissions 
which shall expire at the end of their next session." Cons, of U. 
S. Art. II. sect. II. 3. 

69. Are all executive officers, appointed by the President, liable to 
be removed from office at his pleasure t 

Yes. g 
Commissions. 

70. How are all officers of the United States commissioned ? 

By the President of the United States." Cons, of TJ. S. Art. II. 
sect. III. 

Religious tests. 

71. What is the provision of the federal constitution as to religious 
tests ? 

" No religious test shall ever be required as a qualification to any 
office, or public trust, under the United States." Cons, of TJ. S. 
Art. VI. 3. 

Oath of office. 

72. Are all the executive officers of the United States required to 
be bound by oath to support the federal constitution? 

" And all executive and judicial officers, both of the United States 
and of the Several States, shall be "bound, by oath or affirmation, to 
support this constitution." Cons, of U. S. Art. VI. 3. 

g See this subject under the head " President of the United States," p. 93* 



CH. VIII.] EXECUTIVE OFFICERS OF U. STATES. 99 

Impeachment, h 

73. What is the provision of the federal constitution as to the 
impeachment of officers of the United States ? 

" The President, Vice President, and all civil officers of the United 
States shall be removed from office on impeachment for, and convic- 
tion of, treason, bribery, or other high crimes and misdemeanors." 
Cons, of U. S. Art. II. sect. IV. 

74. What officers are meant by civil officers in this provision ? 
All public officers, except military and naval officers, and members 

of Congress. 

Executive Departments. 

Id. What subordinate executive departments of the general go- 
vernment are there? 

The department of State, the principal officer of which is the 
Secretary of State ; the department of the treasury under the Secre- 
tary of the Treasury ; the department of war under the Secretary 
of War ; the department of the navy under the Secretary of the 
Navy ; and the post office department under the Post Master Gen- 
eral. These officers are called the Heads of Departments. 

76. How are the Secretaries of Departments and the Post Master 
General, appointed ? 

By the President, with the advice and consent of the Senate of the 
United States ; and they are removable by him at his pleasure. In 
case of a vacancy the President may authorise any person to per- 
form the duties of Head of Department, until a successor be appoint- 
ed, or such vacancy be filled. 

77. What officers constitute what is called the cabinet of the Pre- 
ident of the United States ? 

The Secretaries of Departments and the Attorney General, i 

78. Have any of the Secretaries or Heads of Departments a seat 
in Congress ? 

No. 

79. How were these departments established ? 

They are recognized in the constitution of the United States, and 
were established and defined by Acts of Congress. 

80. Were these departments established in order to aid the Presi- 
dent of the United States in the discharge of the various branches of 
his Executive functions ? 

Yes. 

h On impeachment generally, see head " Senate of the United States'" 
p. 40. chapt. iii. 

i As to Attorney General, see Judiciary of the United States, further on, 
chap. ix. quest. 40. 



100 EXECUTIVE OFFICERS OF U. STATES. [PART t. 

81. Do these officers perform the duties of their departments, res- 
pectively, under the instructions and directions of the President ? 

Yes, generally. In some instances, however, there are duties 
specially imposed upon them by Acts of Congress, to be performed 
by them independently and in their discretion. 

State Department. 

82. What are the duties, in general, of the Secretary of State ? 

It is the duty of the Secretary of State, through his department, 
to keep the custody of the originals of all the laws, treaties, and other 
public documents of the United States ; to record the same ; to furnish 
authentic copies of the same when duly required ; to keep the great 
seal of the United States, and to affix it, with his signature, to all 
commissions and other documents requiring it, there being issued 
from this department commissions to all civil officers of the United 
States, appointed by the President, by and with the advice and con- 
sent of the Senate, or by the President alone ; to conduct the political 
and civil relations of the government with foreign powers, as to nego- 
tiating treaties and other regulations and arrangements therewith, and 
in reference to the memorials or applications of foreign ministers, 
agents, or persons, either in this country, or abroad through the 
ministers of the government in foreign countries, as ambassadors, 
envoys, charges des affaires, or consuls ; and to perform various spe- 
cific duties, relative to the department, and under the direction of the 
President of the United States. The patent office is a branch of this 
department. 

War Department. 

83. What are the duties, in general, of the Secretary of War? 
He has the general superintendence, under the direction of the 

President, of the military affairs of the government. The manage- 
ment of the government with the Indian tribes, called Indian relations, 
is a branch of this department. 

Treasury Department. 

84. What are the duties, in general, of the Secretary of the Trea- 
sury ? 

It is his duty, in general, to manage the fiscal operations of the 
government; having cognizance of all matters connected with the 
national revenue, and the supervision of the custom houses, and their 
officers. He is required by law, to make a report annually to Con- 
gress of the fiscal affairs of the nation, containing a statement of 
receipts and expenditures, and an estimate of future revenue. The 
General Land Office is also a branch of this department. 

In the organization of this department there are various subor- 
dinate officers, having distinct offices or bureaus ; 

1. Five or more Auditors, whose business it is to examine all 
accounts with the treasury and certify the balances; and for this 
purpose certain classes of accounts are assigned to each auditor. 



CH. VIII.] EXECUTIVE OFFICERS OF U. STATES. 101 

2. There are two or more Comptrollers, whose duty it is to revise 
the accounts certified by the different auditors, make a record of the 
balances, and certify them to the Register. 

3. It is the duty of the Register to preserve these accounts thus 
certified to him ; and also to keep an accurate account of all the re- 
ceipts and expenditures of the government. 

4. It is the duty of the Treasurer to receive and keep the public 
money, until duly ordered to disburse it ; which can only be upon 
warrants drawn by the Secretary, countersigned by the proper Comp- 
troller and Auditor and recorded by the Register. 

5. It is the duty of the Solicitor of the treasury to be the legal 
adviser of the department, and to superintend all litigation connected 
therewith. 

Navy Department. 

85. What is the duty, in general, of the Secretary of the Navy ? 
He has the general superintendence of the Navy of the United 

States, its operations and affairs. 

Post Office Department. 

86. What are the duties in general, of the Post Master General? 
To make contracts for carrying the mail on the routes established 

by Acts of Congress, to prescribe regulations for the various Post 
Offices throughout the country, to superintend the receipt and collec- 
tion of the rates of postage on letters and papers, as fixed by law, and 
the business of the department generally. 

87.. How are the subordinate officers, clerks and agents in these 
departments appointed I 

The principal officers and clerks are appointed by the Heads of the 
departments respectively, under the direction of the President of the 
United States. In some instances the inferior clerks and agents are 
appointed by them at their discretion. 
Embassadors. 

88. Who are ambassadors ? 

Ministers of government, appointed by the President, by and with 
the advice and consent of the Senate, to reside in foreign countries, 
through whom the correspondence of our government with foreign 
powers is conducted, treaties are negotiated and matters connected 
with our foreign political relations are transacted. Ministers Pleni- 
potentiary, and Envoys are similar officers accredited to foreign 
governments, on special occasions and for particular purposes. 
Charges des affaires are such of an inferior grade, through whom are 
transacted matters of less importance and of an ordinary nature, with 
other nations, 

89. Are there ambassadors and other such ministers accredited, by 
foreign powers, to our government I 

Yes. They are received and acknowledged by the President of 
the United "States, and generally reside at the Seat of Government. 



102 EXECUTIVE OFFICERS OF U.. STATES. [PART I. 

Consuls. 

99. Who are Consuls ? 

They are officers appointed by the President, by and with the 
advice and consent of the Senate, residing in foreign nations and the 
chief cities and towns thereof, to attend to the commercial interests of 
our country, and to the rights of our merchants, seamen, and citizens, 
residing or visiting there, and through whom any correspondence of 
our government with the functionaries of foreign nations on these 
subjects is carried on. The acknowledgement and proof of com- 
mercial papers and documents, of citizenship made out by them, and 
various other matters relative to trade and commerce performed by 
them. There are Consuls in this country appointed by foreign 
governments. 
Districts of the United States. 

91. What territorial divisions have been adopted for administering 
and executing the laws of the United States ? 

Districts, called judicial districts, consisting each of one State, or 
parts thereof. These divisions are also used for military purposes. 

92. What officers of the United States are in each district? 

A judge of the District Court of the United States, a District 
Attorney, and a Marshal, with his deputies, j 

j For a notice of these officers, see " Judiciary of the United States," 
further, chapt. ix. 



CHAPTER IX. 

JUDICIARY OF THE UNITED STATES. 

1. What provision is there in the federal constitution as to the 
judicial power of the United States ? 

"The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may, 
from time to time, ordain and establish." Cons, of U. & Jirt. III. 
sect. I. 

2. Do these Courts constitute the judiciary or judicial department 
of the general government? 

Yes. 

3. What is the nature in general of the powers and duties of the 
judicial department of the general government? 

It is that branch of the general government to which is intrusted 
the power of applying and expounding the laws, in the administra- 
tion of justice, according to the jurisdiction given to it. 

4. Is it a co-ordinate department of the general government, in the 
exercise of its proper powers independant of the other departments 
thereof? 

Yes. 

5. Has the judicial department the power, in the exercise of its 
jurisdiction, of expounding the federal constitution, and thereby 
determining the validity or invalidity of the laws of Congress, and 
of the acts and proceedings of the executive department of the 
general government ? 

Yes. 

6. Has the judicial department, also, the power of thus deciding- 
upon the validity of the constitutions and laws of the States severally r 
in reference to the federal constitution, a 

Yes. 

7. Is the decision of the Supreme Court of the United States in 
such cases, involving the interpretation of the federal constitution,, 
final and conclusive ? 

Yes. 

8. Is the judicial department, then, an important constitutional 
check upon the other branches of the general government, and the 
means of preventing them from transcending their proper powers ; as 
also of keeping the States severally within their peculiar spheres, as 
parts of the system of the Union ? 

Yes. 

a See, same chapter, quest. 10. 30. 



104 JUDICIARY OF UNITED STATES. [PART I.] 

9. Do not the highly important functions of the judiciary render it 
necessary that its independance should be secured by constitutional 
provisions ? 

Yes. 

Jurisdiction in general. 

10. What is the provision of the federal constitution as to the cases 
to which the judicial power of the United States shall extend ? 

" The judicial power shall extend to all cases in law and equity, 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority ; to all 
cases affecting ambassadors, other public ministers and consuls ; to 
all cases of admiralty or maritime jurisdiction ; to controversies to 
which the United States shall be a party ; to controversies between 
two or more States, between a State and citizens of another State, 
between citizens of differant States, between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign States, citizens or subjects." 
Cons, of U. S. Art. III. sect. II. 

11. What is meant by cases of admiralty and maritime juris- 
diction ? 

The words admiralty and maritime are here synonymous. The 
cases included in this provision, are such as relate to the high seas, 
whether crimes, captures, injuries, or contracts. The high seas, in- 
cluding all places where the tide ebbs and flows, not being within any 
county, constitute the grand highway of nations ; and hence the pro- 
priety of referring all questions, having reference to this locality, to 
the national judiciary, b 

Courts. 

12. What are the courts of the United States, established by Acts 
of Congress in pursuance of the Constitution ? 

The Supreme Court of the United States, Circuit Courts, and 
District Courts. 

Judges. 

13. How are the judges of the several courts of the United States 
appointed ? 

The President shall " nominate, and by and with the advice and 
consent of the Senate, appoint judges of the Supreme Court, and 
all other officers of the United States, whose appointment are not 
herein otherwise provided for, and which shall be established by 
law." Cons, of U. S. Art. II. sect. II. 2. 

b Walker's Introduction to American Law,- p. 117. 118. 



CH. IX.] JUDICIARY OF THE UNITED STATES. 105 

Tenure of office. 

14. How do the judges of the Courts of the United States hold 
their offices ? 

" The judges, both of the Supreme and inferior courts, shall hold 
their offices during good behavior." Cons, of U. S. Art. III. sect. I. 

15. Do the judges, then, hold their offices for life, unless removed 
by impeachment ? 

Yes. 

16. Is this what is called their tenure of office ? 
Yes. 

Compensation. 

17. What is the provision of the federal constitution as to the 
compensation of the judges of the Courts of the United States. 

" The judges both of the Supreme and inferior courts, shall, at 
stated times, receive for their services a compensation which shall 
not be diminished during their continuance in office." Cons, of U. 
S. Art. III. sect. I. 

18. Are the provisions in the federal constitution, in relation to 
their tenure of office and compensation, intended to secure their 
independence and integrity, in the discharge of their duties ? 

Yes. 

19. What salaries do they receive, at the present time? 

By Act of Congress, the Chief Justice of the United States 
receives five thousand dollars, per annum ; the Associate Judges of 
the Supreme Court, each four thousand dollars, per annum ; and the 
district judges, from one to three thousand dollars, per annum, each, 
according to their locations. 

Supreme Court of the United States. 

20. How is the Supreme Court of the United States organized ? 
It consists of nine judges ; the Chief Justice of the United States, 

and eight Associate Judges. 

21. How often, and where does it, sit? 

It holds but one session annually, at the seat of the general govern- 
ment. 

22. What is its jurisdiction ? 

Its jurisdiction is both original and appellate. 

23. What is meant by the jurisdiction of a Court? 

When a case is within the power of a court, it is said to have 
jurisdiction of it. 

24. What is meant by original jurisdiction ? 

A court has original jurisdiction of a case, when the first proceed- 
ings in it mav be commenced in that Court. 
14 



106 JUDICIARY OF THE UNITED STATES. [PART I. 

25. What is meant by appellate jurisdiction 1 

A court has appellate jurisdiction of a case, when the proceedings 
in it must be commenced in some other court, and may be thence 
transferred, for revision and correction, to that court. 

26. What is meant by exclusive jurisdiction, and concurrent 
jurisdiction ? 

A court is said to have exclusive jurisdiction of a case, when it 
cannot be brought before any other court ; and to have concurrent 
jurisdiction, when the case may be also brought before some other 
court. 

27. In what cases has the Supreme Court of the United States 
original jurisdiction 1 

"In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction." Cons, of U. S. Art. III. 
Sect. II. 2. 

28. Has the Supreme Court exclusive original jurisdiction in any 
of the cases above specified ? 

Yes, in all those cases ; except in suits by a State against one or 
more of its citizens, or against citizens of other States or aliens ; and 
except in suits brought by ambassadors or other public ministers, or 
in which a Consul or Vice Consul shall be a party. 1, Kent's 
Coram, p. 298. 

29. What appellate jurisdiction has this court? 

It revises, by writ of error or by appeal, all final judgments and 
decrees, in civil actions, of the Circuit Courts of the United States, 
where the value in controversy exceeds two thousand dollars. It has 
no appellate jurisdiction in criminal cases ; but in all cases, civil and 
criminal, where the judges of the Circuit Court differ in opinion, so 
as to prevent a decision therein, the point of disagreement shall be 
certified up to it for determination. 

30. Has the Supreme Court of the United States appellate juris- 
diction in any actions brought in the State Courts ? 

By the Judiciary Act of Congress, the final judgments and decrees 
of the highest court of law or equity in any State, may be revised by 
the Supreme Court of the United States on writ of error, in the 
following classes of cases, viz : 

Where the validity or construction of the federal constitution, laws, 
or treaties, or of any commission or authority derived therefrom, shall 
be drawn in question, and the decision shall be against it. 

Where the validity of a State constitution, law or authority, shall 
be drawn in question, on the ground of repugnancy to federal power,, 
and the decision shall be in its favor. 



CH. IX.] JUDICIARY" OF THE UNITED STATES. 107 

Circuit Courts of the United States. 

31. How are the Circuit Courts of the United States organized? 
The Circuit Courts are held each by one of the judges of the 

Supreme Court, and the judge of the District Court of the United 
States for the particular district. 

32. How have judicial districts and circuits been established ? 

By Act of Congress, the United States have been divided into 
judicial districts, consisting of one State or more, in which a District 
Court of the United States is held by a district judge ; and circuits, 
formed of several districts, in each of which a Circuit Court is held 
by one of the judges of the Supreme Court and the District Judge. 

33. How often are the Circuit Courts held ? 
Twice a year, in each district. 

34. What is the jurisdiction of the Circuit Courts? 

They have original jurisdiction, concurrent with the courts of the 
several States, of all civil suits, at law and equity, when the value in 
dispute exceeds five hundred dollars, and the United States are plain- 
tiffs ; or one party is an alien ; or the suit is between a citizen of the 
State where it is brought and a citizen of another State ; or against a 
citizen of the same State, claiming lands under a grant from another 
State. Suits, in such cases, commenced in the State courts, may, at 
the instance of the defendant, be removed into the Circuit Courts. 
They also have original jurisdiction of all suits involving copy rights 
and patents ; and of all crimes punishable under the federal authority. 
The criminal jurisdiction is final unless there is a disagreement 
between the judges on a point of law, which is to be certified to the 
Supreme Court for decision. 

The Circuit Court has appellate jurisdiction from the District 
Court by writ of error or appeal, in the following cases ; first, in civil 
actions at law, where the value in dispute exceeds fifty dollars, by 
writ of error; and, secondly, in admiralty cases, where the value in 
dispute exceeds three hundred dollars, by appeal. It has no appel- 
late jurisdiction in cases of equity, or in criminal cases. In these 
cases of appellate jurisdiction in the Circuit Court, if the Judges 
differ, the opinion of the judge of the Supreme Court prevails, as 
the cases cannot be certified into the Supreme Court. 

District Courts of the United States. 

35. How are the District Courts of the United States organized ? 
They are held in the judicial districts respectively, by a district 

judge appointed for each district. 

36. How have the judicial districts been established? 

The United States have been divided, by Act of Congress, into 
districts, consisting of a State, or territory, or part thereof, for the 
purposes of the administration of justice and the execution of the 
laws. 



108 JUDICIARY OF THE UNITED STATES. [PART I. 

37. What is the jurisdiction of the District Courts of the United 
States ? 

They have jurisdiction of the following cases, viz ; first, by exclu- 
sive original cognizance, of all civil cases, of admiralty and mari- 
time jurisdiction ; secondly, of all seizures, penalties, and forfeitures, 
under the laws of the United States ; thirdly, concurrently with the 
Circuit Courts of the United States, and the State Courts, of all 
injuries by tort in violation of the law of nations, or of a treaty of 
the United States, when an alien sues ; fourthly, concurrently with 
the Circuit Court of the United States and the State Courts, of suits 
brought by the United States, when the value in dispute does not 
exceed one hundred dollars ; fifthly, exclusively of the State Courts, 
of suits against Consuls, Vice Consuls, suits to repeal patents and 
concerning captures; sixthly, of crimes and offences, cognizable 
under the authority of the United States, where the punishment does 
not exceed a fine of five hundred dollars, or imprisonment for six 
months. 

Officers of the Courts of the United States. 

38. What principal officers of the Courts of the United States are 
there ? 

Attorneys and Counsellors at law, clerks, and marshals. 

Attornies and Counsellors at law. 

39. Who are attornies and counsellors at law 1 

Persons learned in the law, admitted by the Courts, according to 
their rules, to assist parties in their pleadings, and in the conduct of 
their causes. They are officers of the Courts, entitled to certain 
privileges, and subject to be suspended from practice, and to other 
punishment, for misbehaviour in office. 

Attorney General of the United States. 

40. How is the Attorney General of the United States appointed ? 
By the President of the United States, by and with the advice and 

consent of the Senate. 

41. What are his duties ? 

In general, to prosecute and conduct all suits in the Supreme Court 
of the United States in which the United States are concerned ; and 
to give his advice and council on questions of law, when required by 
the President, or heads of departments. 

District Attornies of the United States. 

42. What officers are these ? 

They are attornies at law for the United States, appointed, by the 
President, by and with the consent of the Senate, one for each judi- 
cial district, to prosecute indictments and charges against all delin- 
quents for crimes and offences eognizable under the authority of the 
United States, and to act for the United States, in all civil suitsHn which 
they are concerned. 



CH. IX.] JUDICIARY OF THE UNITED STATES. 109 

Marshals. 

43. How are marshals of the United States appointed ? 

Marshals are appointed, one for each judicial district, by the Presi- 
dent, by and with the advice and consent of the Senate, for the term 
of four years ; removable at the pleasure of the President. 

44. What are their duties and powers ? 

In general, their duties and powers are analogous to those of 
sheriffs in the several States. It is their duty to attend the District 
and Circuit Courts of the United States in their districts respectively, 
and to execute within their districts all writs, precepts, process, 
sentences and judgments of the Courts of the United States. There 
are various special duties assigned them by law. 

45. May the marshals appoint deputies under them ? 

They may appoint deputies, at their pleasure, and remove them, in 
like manner ; being responsible for their official acts. They generally 
appoint a deputy for each county in their districts respectively. The 
deputy marshals are also, by Act of Congress, removable at the plea 
sure of the Circuit or District Courts. 

46. Are the marshals generally assigned to take the census of the- 
United States, as directed by Congress ? 

Yes. 

Gaols and prisons. 

47. How may the marshals of the United States secure and con 
fine persons arrested by them, or committed to their charge ? 

They are directed, by Act of Congress, to deliver their prisoners 
to the keepers of one of the gaols of the State, where the Legislature 
thereof has made it the duty of the gaoler to receive them ; but other- 
wise, the marshal may, under the direction of the district judge* 
provide his own place of custody. 

Jurisdiction of State Courts and magistrates under 
Jicts of Congress. 

48. Have the State courts and magistrates, been vested, by various 
Acts of Congress, with jurisdiction and powers in prosecutions, suits 
and proceedings under Acts of Congress ? 

Yes. 

49. Are they obliged, or can they be compelled, by the Acts of 
Congress to exercise such jurisdiction or powers? 

No ; they may do so, when authorized by the laws of the State, 
but cannot be compelled by Act of Congress. 



THE UNITED STATES 
CONSTITUTIONAL MANUAL. 



PART THE SECOND, 
Of the Governments of the several States, 



CHAPTER I. 

OF THE GOVERNMENTS OF THE STATES. 

1. Has each State a government of its own? 

Each State has a government of its own, in its form and powers 
consistent with the provisions of the federal Constitution. 

2. What is the nature, in general, of the government of the Union, 
and of the governments of the several States? 

The federal government is that of the people of the United States 
as a nation, for national purposes ; and the several States have 
separate governments, for all other matters relating to them respect- 
ively, a 

In our general republic, there are combined the system of the fede- 
ral government and that of the governments of the several States, all 
fitted to operate harmoniously in their proper spheres, for a common 
end. 

" In the compound republic of America, the powers surrendered by 
the people is first divided between two distinct govemments, and then 
the portion allotted to each subdivided among distinct and separate 
departments. Hence a double security arises to the rights of the 
people. The different governments will control each other; at the 
same time that each will be controlled by itself." b 

a As to the relation between the general and State governments, and the 
powers of each, see Part the Frst, chap. i. 
h The Federalist, No. 4. 



112 GOVERNMENTS OF THE STATES. [PART II. 

3. Does each citizen, then, owe obedience both to the general 
government, and to the government of his State ? 

Yes. 

4. What is the form of government of each State ? 

A representative democracy ; each State being a republic. 

5. What does the federal Constitution provide as to the form of 
government of each State ? 

" The United States shall guarantee to every State in this Union a 
republican form of government." Cons, of U. S. Art. IV. sect. IV. 

6. What is the general principle upon which the governments of 
the States severally are founded ? 

That the supreme power is in the people ; and that they have a 
right to establish a government, and make laws for themselves, as they 
see proper. 

7. What is the principle of representation in the governments of 
the States ? 

It is that principle by which the people exercise their supreme 
power by their representatives or delegates. 

8. When did the several States become free and independent? 
Those that originally formed the Union, having been colonies of 

Great Britain, became free and independent by their Declaration of 
Independence on the fourth day of July 1776 : And the other States 
were admitted into the Union as such, under the federal Constitution. 

9. Has each State a written constitution of government ? 
Yes. 

10. How was the government of each State established? 

By the people thereof, forming a written constitution for their 
government, c 

11. What is the relation of the several States to the Union? 
The people of the United States, as individuals, form the Union ; 

and each State, in its collective capacity, is represented in the federal 
government and recognized and regarded as such, and its agency 
employed for many purposes, under the federal constitution and 
laws. 

12. Have the people of each State parted with a portion of their 
supreme power to the Union, by the federal constitution ? 

Yes. 

13. What powers have the people of the States severally parted 
with to the Union, so that they cannot exercise them in the State 
governments ? 

c See Part the First, chap. i. p. 18. 



CH. I.] GOVERNMENTS OF THE STATES. 113 

All the " powers delegated to the United States" and vested in 
them exclusively, or that may be exercised by them exclusively ; or 
"prohibited to the States severally;" by the federal constitution. 

14. Are all the "powers not delegated to the United States, nor 
prohibited to the States" severally, by the federal Constitution, 
reserved to the people of the several States ? 

Yes. 

15. Can the people of any State confer upon its government pow- 
ers prohibited to the several States by the federal Constitution ? 

No. 

16. Are all acts of the people or government of any State, and 
laws passed by them, which are contrary to the provisions of the fed- 
eral constitution, or the laws of Congress in pursuance thereof, 
unconstitutional and void ? 

Yes : The federal constitution, and the laws of Congress passed 
in pursuance thereof, are the supreme laws of the land, and any law 
contrary thereto is unconstitutional and void. 

17. Has a State authority, either by a constitutional law, or by an 
act of ordinary legislation, to declare void a law of the United States, 
or suspend its operation within the territorial jurisdiction of the State ? 

No. 

18. Is any State, then, completely sovereign ? 

No ; it is not, in reference to the Union, and the federal government. 

19. Is each State sovereign and independent in the exercise of its 
powers consistently with the provisions of the constitution of the 
United States ? 

Yes. 

20. What are the objects in general of the federal government and 
of the several State governments, respectively ? 

The object of the federal government is to unite the people of all 
the United States into one nation, for national purposes ; and that of 
the several State governments, to regulate their local and municipal 
affairs. 

21. Has each of the States formed a written constitution of govern- 
ment, in accordance with the federal constitution ? 

Yes. 

22. Are the States foreign to each other ? 
No ; they are parts of the same nation. 

23. Have the States severally, by the federal constitution, entered 
into certain obligations to each other, in regard to their municipal 
laws and internal relations respectively ? 

Yes. " Full faith and credit shall be given in each State to the 
public acts, records and judicial proceedings of every other State." 
Cons, of V, S. Art IV. sect. I. 
15 



114 GOVERNMENTS OF THE STATES. [PART II.} 

The citizens of each State are entitled to all privileges and im- 
munities of citizens in the several States. Cons, of U. S. Art, 
IV. sect. II. 1. Fugitives from justice, or from labor, escaping into 
other States, are to be delivered up. Cons, of U. S, Art. IV. 
sect. II. 2, 3. 

The States cannot enter into any treaty, alliance or confederation ; 
or into any agreement or compact with each other ; or adopt commer- 
cial regulations with respect to each other. Cons, of U. S. Art. I. 
sect. X. 1.2. As to these subjects, see the proper heads, in Part 
the First, of this work. 

24. Can any State secede at pleasure from the Union ? 

No State nor any number of the States less than three-fourths, can, 
by virtue of any right reserved in the federal constitution, secede at 
pleasure from the Union. The federal constitution may be amended 
by three-fourths of the States, as provided in it. d 

25. Is there a great similarity in the constitutions of the several 
States, and the structure of their particular governments ? 

Yes. 

26. Does the structure of the general government, in the organi- 
zation of its different departments, resemble that of each State ? 

Yes. 

27. How may the provisions of the constitution of each State be 
classed ? 

Under the following heads, namely ; first, those which relate to the 
organization of the legislative department; secondly, those which 
relate to the organization of the executive department ; thirdly, those 
which relate to the organization of the judicial department; fourthly, 
those which define and limit the powers delegated, and the powers 
reserved. 

28. Is the government of each State, then, one of limited powers? 
Yes ; its powers are limited by the federal constitution, and, as is 

generally the case, by the provisions of the constitution of the State. 

29. How are the powers of the government of a State granted, or 
limited, in its constitution ? 

Power is granted in general terms ; and it is limited by specific 
limitations or prohibitions. 

30. What is the rule of construction, then, as to the powers of 
the governments of the States, under their constitutions respectively ? 

That the grant of power is general, and the prohibition special ; or 
that all powers are to be considered as conferred, which are not 
expressly or incidentally prohibited. This is the reverse of the theory 
of the federal constitution, t 

d See Part the First, chap. i. 
e See Part the First, chap. i. ii. 



CH. I.] GOVERNMENTS OF THE STATES. 115 

31. Are there powers which maybe exercised concurrently by the 
general government and the several State governments ? 

Yes ; and they are called concurrent powers. / 

32. How are the powers of government generally distributed, in 
in each State ? 

Among three departments, the legislative department, the execu- 
tive department, and the judiciary department. 

33. Is it the peculiar policy of our general and State governments, 
that the departments of government in each are distinct and indepen- 
dent of each other ? 

Yes. 

34. Are these departments coordinate branches of government, 
with separate powers and duties, in the exercise of which they act 
independently of each other? 

Yes. 

By the distribution of the powers of government among these 
departments, each is constituted, in its proper sphere, the immediate 
and co-equal representative of the people of the State, as the direct 
source of its authority, and the sole ultimate depository of the 
supreme power. 

35. How are questions as to the powers of government and the 
constitutionality of laws, to be finally determined, in each State ? 

By the judiciary thereof; there being an appeal from the court of 
the last resort of the State to the Supreme Court of the United 
States, in cases involving the construction of the federal constitution, 
<or the laws or treaties of the United States, g 

36. Have the people of each State power to alter the form of 
government and the constitution thereof? 

Yes. 

37. Is there generally a mode provided in the constitution of each 
State for altering or amending it ? 

Yes. 

f See part the First, chap. i. iii. 
g See part the First, chap. viii. ii. 



CHAPTER II. 

OF THE MUNICIPAL LAW, IN GENERAL, OF THE SEVERAL 

STATES. 

1. What is municipal law? 

Municipal law is the rule by which particular nations, communi- 
ties, or districts, are governed. It is otherwise defined to be, a rule 
of civil conduct prescribed by the supreme power in a State. 

2. How may municipal law be divided ? 

Into written and unwritten law, or statute and common law. 

3. What is written or statute law ? 

It is the express written will of the legislature, rendered authentic 
by certain prescribed forms and ceremonies. 

4. Of what does the written law, in this country, consist? 

Of constitutions, treaties, and statutes. The written law in a 
particular State includes the constitution of the United States, the 
constitution of the State, the acts of Congress, and the acts of the 
Legislature of the State. 

5. What is a constitution? 

The written declaration of the will of the people, defining the form 
and powers of government, a The federal constitution is the declara- 
tion of the sovereign will of the people of the United States, uniting 
the people of the United States into one nation, for all national pur- 
poses a; and the constitution of each of the States is the declaration 
of the sovereign will of a portion of the same people, uniting for 
municipal purposes, and constituting a State, b 

" The true view to be taken of our State constitutions is, that they 
are forms of government, ordained and established by the people in 
their original and sovereign capacity, to promote their own happiness, 
and permanently secure their rights, property, independence, and 
common welfare. 

The language of nearly every one of the State constitutions is, that 
the people do ordain and establish this constitution ; and where these 
terms are not expressly used, they are necessarily implied in the very 
substance of the frame of government. They may be deemed com- 
pacts, in the sense of their being founded on the voluntary consent or 
agreement of a majority of the qualified voters of the State. But 

a See Part the First, chap. i. ii. &c. as to this definition, and the consti- 
tution of the United States. 
b See Part the Second, chap, U 



CH. II.] LAWS OF THE STATES. 117 

they are not treated as contracts and conventions between independent 
individuals and communities, having no common umpire. In generai 
the import is, that the people ordain and establish, that is, in their 
sovereign capacity meet and declare, what shall be the fundamental 
Law for the government of themselves and their posterity. The 
constitution of a State is, then, to be treated as a fundamental law, 
and not as a mere contract of government, during the good pleasure 
of all the persons who were originally bound by it, or assented to it. 
A constitution is in fact a fundamental law, or basis of government, 
and falls strictly within the definition of law. 

A State constitution is no further to be deemed a compact than that 
it is a matter of consent by the people, binding them to obedience to 
its requisitions ; and its proper character is that of a fundamental law,, 
prescribed by the will of the majority of the people of the State, 
(who are entitled to prescribe it,) for the government and regulation 
of the whole people." I Story on the Cons, p, 306 — 317. 

6. What is a treaty ? 

It is commonly defined to be a solemn written compact, entered 
into between two independent nations, to regulate their intercourse. 

7. In whom is the power to make treaties vested, in this country? 
In the President of the United States, with the concurrence of 

two-thirds of the Senate. Treaties duly made are declared by the 
federal constitution, to be " the supreme law of the land." They 
may, therefore, be called a part of the written law. 

8. What is a statute? 

A law duly enacted by the Legislature. Acts of Congress, and 
the laws passed by the several State Legislatures, are statutes. • 

9. How may statutes be divided ? 

They are either public or private. A public statute is an univer- 
sal rule or law, that regards the whole community ; private statute* 
operate upon particular persons or associations. Statutes are some- 
thing local, being limited in their operation to certain counties, town- 
ships, boroughs or places in a State. 

10. When does a statute begin to take effect ? 

From its date, or the time of its passage and finally becoming a 
law ; unless it is otherwise specially provided in the statute itself or 
by law. 

11. Where statutes are repugnant to each other, in their provisions, 
which of them prevails 1 

The latest statute always prevails ; and it is considered as repealing 
any prior statute so far as the provisions thereof are contrary to it. 

12. What is the rule of law, when a statute repealing another 
statute is itself repealed ? 

The general rule is, that the other statute is thereby revived. In 
some of the States a different rule is established by a general statutory 
provision, 



118 LAWS OF THE STATES. [PART II.] 

13. May an Act of Congress, or a law of any of the States, be 
declared unconstitutional and void ? 

An act of Congress may be declared void, for being contrary to the 
federal constitution ; and a law of a State for being contrary to the 
federal constitution, or an Act of Congress in pursuance thereof, or 
the State constitution ; by the proper courts of justice, in the due 
administration of the laws, c 

14. What is unwritten or common law ? 

" The common law includes those principles, usages and rules of 
action, applicable to the government and security of person and 
property, which do not rest for their authority upon any express or 
positive declaration of the will of the legislature." 1 Kenfs Com- 
mentaries on American Law, p. 448, 470. 

" Those parts of the law which, in England and here, are called 
unwritten, are so styled, because their original institution and authority 
are not set down in writing, as Acts of Parliament or of the State 
legislature are ; but they receive their binding force, and the power of 
laws, by long and immemorial usage, and universal reception : And 
the monuments and evidence of this common law are contained in the 
records of the several courts of justice, in books of reports and 
judicial decisions, and in the treatises of learned sages of the profes- 
sion, handed down to us from the highest antiquity." 1 Black. 
Comm. p. 63. 1 Pennsylvania Black, p. 34. 

" The common law, as far as it is applicable to our institutions 
and government, has been recognized and adopted as one entire 
system by the constitutions of Massachusetts, New York, New 
Jersey and Maryland. It has been assumed by the Courts of 
justice, or declared by statute, with the like modifications, as the law 
of the land, in every State. It was imported by our colonial ances- 
tors, and was sanctioned by royal charter and colonial statutes. It is 
also the established doctrine that English statutes, passed before the 
emigration of our ancestors, and applicable to our situation, constitute a 
part of the common law of the country." 1 Kenfs Comm. p. 472. 

" We have not under our federal government any common law 
considered as a source of jurisdiction ; while, on the other hand, the 
common law, considered merely as the means or instrument of exer- 
cising the jurisdiction conferred by the constitution and laws of the 
Union, does exist, and forms a safe and beneficial system of national 
jurisprudence. 

Though the judiciary of the United States cannot take cognizance 
of offences at common law, unless they have jurisdiction over the 
person or subject matter given them by the constitution or laws made 

c As to the constitutionality of statutes, see Part the First, chap. i. ii. and 
chap, iii, head "Acts of Congress." 



CH. II.] LAWS OF THE STATES. 119 

in pursuance of it ; yet, when the jurisdiction is once granted, the 
common law, under the correction of the constitution and statutes of 
the United States, would seem to be a necessary guide in all cases, 
civil and criminal, not specially provided for by statute." 1 Kent's 
Coram, p. 448. 

In some of the States, as in Ohio, the courts have no common law 
jurisdiction of crimes ; and they cannot treat an act as an offence, 
until the legislature has declared it to be such, and fixed the punish- 
ment therefor. 

15. What is equity in law ? 

Equity, in its technical sense, is that system of law by which 
justice is administered in a mode different from that at common law. 

It means chancery law, or that system of rules by which courts 
of chancery are governed, in the administration of justice. 

16. Has this system of equity been adopted in our country? 

In its principles, it has been adopted in most of the States ; m 
respect to its forms of proceeding, in only some of them. 

17. Are there courts of chancery in any of the States ? 

Yes ; as in Virginia and New York, where the entire system of 
chancery proceedings has been adopted. 

18. How is equity administered in the States where there are no 
courts of chancery? 

In some of those States the common law courts exercise chancery 
powers in their fullest extent ; as in Ohio. In other States equity 
principles are part of the common law, and are carried out in suits 
and proceedings at law ; as in Pennsylvania. In Pennsylvania, how- 
ever, it has lately been provided by Act of Assembly, that the Courts 
may adopt the forms of chancery proceeding, in cases where a com- 
plete remedy cannot be otherwise afforded. 

19. Do the Courts of the United States exercise chancery powers? 

Yes. 

Law of nations. 

20. What is the law of nations ? 

That system of rules which reason, morality and custom have 
established among civilized nations ; — that code of public instruction 
which defines the rights, and prescribes the duties of nations, in 
their intercourse with each other. 1 Kent's Coram, on American 
Law, p. 1. 

The law of nations depends entirely upon the rules of natural law,, 
or upon mutual compacts, leagues, treaties, and agreements between 
independent communities ; and in the construction of which compacts 
we have no rules to resort to but the law of nature ; that being the 
only law to which these communities are equally subject. 1 Black* 
Comm. p. 43. 



120 LAWS OP THE STATES. [PART II. 

21. Is the law of nations a part of the law of this country? 

The law of nations was part of the common law of England ; 
which, so far as it may be consistent with the institutions of the 
country, and remains unaltered by statute, is an essential part of 
American jurisprudence. Its principles are recognized by the federal 
eourts and embraced in the municipal law of the several States. 

The law of nations is inforced, in some instances, by the sanctions 
of municipal law ; and the offences which fall more immediately 
under its cognizance are, the violations of safe conduct, infringements 
of the rights of ambassadors, and piracy. To these may be added 
the slave trade, not indeed, as a piratical trade, absolutely unlawful 
by the law of nations, but as a trade condemned by the great princi- 
ples of justice and humanity, openly professed and declared by the 
powers of Europe. 1 Kenfs Coram, p. 1. 

Power to punish offences against the law of nations has been ex- 
pressly conferred on Congress by the federal constitution ; and Acts 
of Congress have been passed for that purpose, in reference to the 
above mentioned offences. 

The law of nations always formed a part of the municipal law in 
Pennsylvania. 1 Dallas Reports, p. 114, 120. 

It is under this head, in the law, are generally considered, the 
privileges of ambassadors and consuls of foreign governments, and 
their exemption from arrest under the laws of the country ; also, the 
power of arresting persons for offences committed in another country, 
and the right of a government to demand of another government the 
surrender of criminals escaping into the territory of the latter. 



DIVISIONS, AND DEFINITIONS, IN LAW. 

22. What are the primary and principal objects of the law ? 
Rights and wrongs ; or the establishment of rights, and the pro- 
hibition of wrongs. 

23. How are rights divided ? 

Into the rights of persons, being those which concern or are 
annexed to the persons of men ; and the rights of things, being 
such as a man may acquire over external objects, or things uncon- 
nected with his person. 

24. How are wrongs divided ? 

Into private wrongs and public ivrongs. Private wrongs being 
such as are an infringement of particular rights, concern individuals 
only, and are called civil injuries ; and public wrongs are those, 
which, being a breach of general law, affect the whole community, 
and are, therefore, called crimes and misdemeanors. 



C\l. II.] LAWS OF THE STATES. 121 

Division of persons. 

25. How are persons divided, in law? 

Into natural persons and artificial persons. Natural persons are 
such as the God of nature formed us; artificial are such as are created 
and devised by human laws for the purposes of society and govern- 
ment, and are called corporations and bodies politic. 

Corporations. 

25. What is a corporation ? 

A corporation is a franchise, or civil right and privilege, possessed 
by one or more individuals, who subsist in a body politic, under a 
special denomination, and are vested, by the policy of the law, with 
the capacity of perpetual succession, as an individual. 

27. How are corporations divided ? 

Into aggregate and sole. A corporation sole consists of a single 
person, who is made a body corporate or politic, in order to give him 
some legal capacities and advantages, and especially that of perpetuity, 
which as a natural person he could not have. The corporations with 
us are generally aggregate, or the union of two or more persons in 
one body politic, with a capacity of succession and perpetuity. 

28. How are corporations further divided? 

Into ecclesiastical and lay. Ecclesiastical corporations are those 
■of which the members are spiritual, and the object is also spiritual. 
With us, they are called religious corporations. 

29. How are lay corporations divided? 

Into eleemosynary and civil. An eleemosynary corporation is a 
private charity, constituted for the perpetual distribution of the alms 
and bounty of the founder. In this class are ranked hospitals for the 
relief of poor, sick, and impotent persons, and colleges and academies 
established for the promotion of learning and piety, and endowed 
with property by public and private donations. Civil corporations 
are established for a variety of purposes. 

30. How are civil corporations divided ? 

They are either public or private. Public corporations are such as 
are created by law for political purposes, as counties, cities, boroughs; 
they are vested with subordinate legislative powers, to be exercised 
for local purposes connected with the public good, and such powers 
are subject to the control of the legislature of the State. 2 KenVs 
Comm. chap. XXXIII. 

Public corporations are those which are founded with public means, 
and for public purposes. Their criterion is, that no individual has 
any interest in their foundation, except as a member of the general 
body politic. To this class belong all municipal corporations, 
beginning with the United States, and descending down through 
States, counties, townships, school districts, and the like. These 
16 



122 LAWS OF THE STATES. [PART II. 

are for the most part denominated quasi corporations , since with 
the exception of cities and boroughs, they require no special act of 
incorporation. 

Private corporations are those which are founded on private means ; 
their objects may be either public or private ; their criterion is a private 
foundation, whereby individuals have an interest in them distinct from 
that of the community. Walker's American Laic, p. 207. 

A bank created by the government for its own uses, where the 
stock is exclusively owned by the government, is a public corpora- 
tion. So, a hospital created and endowed by the government for 
general purposes, is a public, not a private charity. But a bank, 
whose stock is owned by private persons, is a private corporation, 
though its operations partake of a public nature, and though the gov- 
ernment may have become a partner in the association by sharing 
with the corporators in the stock. The same may be said of 
insurance, canal, bridge, turnpike, and rail road stock. 2 Kent's 
Comm. p. 27 5. 

31. What are some of the leading properties of a corporation? 
(1.) That a corporation has uninterrupted succession, so long as 

its charter or the law incorporating it endures, independently of the 
death or change of its members. 

(2.) All the acts which a corporation can do, are done in its corpo- 
rate name, without any specification of its members. 

(3.) Corporations are authorized to have and use a corporate seal. 

(4.) Corporations are authorized to make bye-laws, consistently 
with the provisions of its charter or act of incorporation, and the 
laws of the land. 

(5.) The individual members of a corporation are not personally 
liable for its debts, beyond the amount of their shares in the capital 
stock ; unless they are expressly made so by the charter or act of 
incorporation, or by law. 

32. How is a corporation generally created? 
By an Act of the Legislature of the State. 

33. What power has a State Legislature to create corporations ? 

A State legislature may create corporations, by virtue of the general 
powers vested in it, unless it is expressly prohibited by the constitu- 
tion of the State. In some States the power is expressly granted by 
the constitutions thereof; and in some instances, the power is limited 
or modified. 

34. Does Congress possess power to create corporations. 

The federal constitution confers no express power on Congress to 
create corporations. It can only exist as an incidental power. It 
has been exercised as such in the incorporation of a national bank. 



OH. II.] LAWS OF THE STATES. 123 

Adults and infants. 

35. When is a person of full age, capable of making contracts, and 
of acting for himself, in law ? 

Full age in males and females, is twenty-one years; which age is 
completed on the day preceding the anniversary of a person's birth, 
who until that time is an infant ; and so styled in law. 1 Black. 
Comm. p. 463. 

The age of twenty-one years is probably the period of absolute 
majority throughout the United States ; though female infants, in 
some of the States, have enlarged capacity to act at the age of 
eighteen. In Vermont and Ohio females are deemed of age at the 
age of eighteen years. And Louisiana follows in this respect the 
common law period of limitation, though entire majority by the civil 
law, as to males as well as females, was not until the age of twenty- 
five. 2 Kent's Comm. p. 232. 

Males and females. 

36. What are the capacities of females in law ? 

Females have no political capacity ; that is, they have no direct 
voice or agency in the formation or administration of government. 
While they remain unmarried their legal capacities are the same as 
tiiose of the other sex. When married they are placed under various 
disabilities. 

Persons public or private. 

37. How may the relations of persons be divided ? 

Into public and private. Public persons include all those who 
occupy official stations ; all others are private. 

Citizens and aliens. 

38. How may private persons be divided? 

Into citizens and aliens. Citizens are, generally, all free persons 
bom within the United States, and all persons duly naturalized, d 

In most of the United States, there is a distinction in respect to 
political privileges between free white persons and free colored 
persons of African blood ; and in no part of the country, except in 
Maine and Massachusetts, do the latter, in point of fact, participate 
equally with the whites, in the exercise of civil and political rights. 

The right of voting is confined to white freemen by the constitu- 
tions of Delaware, Virginia, Kentucky, Louisiana, Mississippi, Illinois, 
Indiana, Ohio, Missouri, South Carolina, Georgia, and Pennsylvania. 

"Negroe and other slaves, born within and under the allegiance of 
the United States, are natural born subjects but not citizens. If a 
slave bora in the United States be manumitted, or otherwise lawfully 
discharged from bondage, or if a black man be born within the United 



d As to citizens and aliens, their rights and privileges, see Part the 
First, chap. i. p. 27, 28., and as to the naturalization of aliens, Part i. 
«hap. iii, p. 57,58, 



124 LAWS OF THE STATES. [PART II. 

Stales, and born free, he becomes thenceforward a citizen, but under 
such disabilities as the laws of the States respectively may deem it 
expedient to prescribe to free persons of color.'' II. Kent's Comm. 
p. 257, in note. 

The right of suffrage, or of voting at the general and other elec- 
tions, varies in the different States, e 

39. What are the principal private or domestic relations of 
persons ? 

That of husband and wife; that of parent and child; that of 
guardian and ward ; that of master and servant. 

Slaves. 

Domestic slavery having commenced, at an early period, in this 
country, continued and increased throughout these United States 
while they were colonies of Great Britain. It exists now in all the 
Southern States of the Union : but it has become extinct in all the 
Eastern States, and in New York and Pennsylvania, having been 
abolished therein by their constitutions or laws. In the ordinance of 
Congress, of July 13th. 1787, for the government of the territory of 
the United States North West of the river Ohio, it was enacted, and 
declared to be an unalterable provision, that there should not be 
slavery, nor involuntary servitude, in the said territory, otherwise 
than in the punishment of crimes. This provision prevented the 
introduction of slavery in any of the States North of the river Ohio, 
and included in what was then called the North Western Territory 
of the United Slates. 

In the sjaveholding States, " in the contemplation of their laws 
slaves are considered, in some respects, as things or property, rather 
than as persons, and are vendible as personal estate. They cannot 
take property, by descent or purchase, and ail they find, and all they 
hold, belongs to the master. They cannot make lawful contracts, 
and they are deprived of civil rights. They are assets in the hands 
of executors for the payment of debts ; and cannot be emancipated 
by will or otherwise, to the prejudice of creditors." II. Kent's 
Comm. p. 253. 

The laws that regard slaves as property are local, and only apply 
so far as such laws can operate. Such local laws do not make them 
personal property generally. IS Pickens' Reports, p. 216. 

The state of slavery is a mere municipal regulation, depending 
upon the laws of the country or State under which it exists, and no 
nation or State is bound to recognize the state of slavery as to foreign 
slaves within its territory. It is so as between the States of this 
Union, except so far as the provisions of the federal constitution 
extend. This principle was contained in the decision of the 
Supreme Court of the United States, made in 1838, in the case of 
Prigg us. The Commonwealth of Pennsylvania, reported in 16 
Peters' Reports, p. 539. 

e See as to the right of suffrage, farther on, Part ii. chap- iv. quest. 58, 

and chap. vii. quest. 7, 8, 



CH. II.] LAWS OF THE STATES. 125 

Division of properly. 

40. How may property be divided? 

Into things in possession, and things in actio?!. The kites? con- 
sists of legal rights, and their corresponding obligations, which may- 
be recovered or enforced by action or suit at law. Rights arising 
from contracts are of this kind. 

41. How may property be otherwise divided? 

Into things real and things personal. Things real are such as 
are permanent, fixed and immovable, as lauds and tenements. Things 
personal are goods, money, and all other movables ; which may 
attend the owner's person wherever he thinks proper to go. The 
latter are called goods and chattels. 

Testator and intestate. 

42. What is the meaning of these terms ? 

Where a person has made a last will and testament, to take effect 
after death, the deceased is thence called a testator. And a person 
dying without a will is said to die intestate. 

Executors and administrators. 

43. Who are executors and administrators ? 

An executGr is a person appointed by a testator to execute his last 
will and testament ; to dispose of his property, and settle his affairs, 
after his death. An administrator is a person designated by law to 
settle the affairs of one dying intestate. 

Division of time. 

44. What is a year, in law ? 

A determinate period consisting of three hundred and sixty-five 
days ; the increasing day in leap year together with the preceding 
one being accounted for one day only. 

A year includes the space of time from a certain day in a particular 
month until the same day in the same month in the succeeding year; 
one of the days being included, and the other excluded. 

45. What is a month in law? 

In this country, the common understanding is, that a month means 
a calendar month. In some of the States it is so provided by statute. 

46. What is a day, in law ? 

In the space of a day ail the twenty four hours are generally 
reckoned; the law usually rejecting all fractions of a day in order to 
prevent disputes. Therefore if I am bound to pay money on a 
certain day, I discharge the obligation if I pay it before twelve 
o'clock at night, after which the following day commences. Frac- 
tions of a day are, however, regarded in some matters, as in recording 
deeds, and the like. Particular rules prevail, in law, as to negotiable 
or commercial paper. 



\26 STATE BILLS OF RIGHTS. [PART II. 

Te r r i t o r led di v is ions. 

47. What are the general divisions of a State for civil purposes? 

A State is generally divided into counties ; each county into town- 
ships or towns, hundreds, or parishes ; and each township into dis- 
tricts, or precincts. A county may contain a city ; and townships 
boroughs, towns and villages. In some States there are other terri- 
torial divisions, in relation to the militia, common schools, and other 
matters. / 



CHAPTER III. 



OF THE DECLARATION OF RIGHTS, IN A STATE. 

1. What is the Declaration of Eights, in a State ? 

That part of the Constitution of a State in which are declared and 
contained certain general principles, prohibitions and provisions, in 
relation to the rights of the people, and the powers of government, 
is called the Declaration or Bill of Rights. 

2. Are these rights called the declared and peremptory rights of 
the people ? 

Yes. They are defined by the constitution of the State. 

3. Is there such a Declaration of Rights in all the State con- 
stitutions? 

Yes. 

4. Have similar declarations of the rights of man been made in 
most of the States, and when they were colonies, from the earliest 
periods of their history ? 

Yes. 

5. What was the great announcement of the fundamental rights 
of man, in this country? 

The Declaration of Independence of the North American States, 
July 4, 1776. 

G. Is there such a declaration of rights in the constitution of the 
United States ? 

There are many provisions therein, declaring these rights, and 
designed for their protection, particularly in the Amendments thereto. 



/ See an explanation of such divisions, Part ii. chap, vii ; and in Penn- 
sylvania, in Pari the Third of this work, chap. 



CH. III.] STATE BILLS OF RIGHTS. 127 

7. Of what force are the principles and provisions contained in the 
Bill of Rights of a State ? 

They are binding on all the departments of the government thereof, 
and on the people, in ail cases, above all other laws of the State. 

Equality of rights. 

8. Do the State constitutions, in general, contain provisions declar 
ing the equality of the rights of all men? 

Yes. Such are the provisions in the constitutions of many of the 
States : "That all men are born equally free and independent, and have 
certain natural, inherent, and inalienable rights ; among which are the 
enjoying and defending life and liberty, acquiring, possessing and 
protecting property ; and pursuing and obtaining happiness and 
safety." a 

9. What is meant by the declaration in these provisions that all 
men are born equally free and independent ? 

That all men are entitled to equal civil and political rights. 

10. Is the same principle contained in the Declaration of Indepen- 
dence of the United States 1 

Yes : " We hold these truths to be self evident ; that all men are 
created equal; that they are endowed by their Creator with certain 
inalienable rights ; that among these are life, liberty, and the pursuit 
of happiness ; and that to secure these rights, government was 
instituted among men, deriving their just powers from the consent 
of the governed." 

Hereditary titles. 

11. What is the provision as to hereditary titles and offices ? 

It is generally provided in the State constitutions that the Legisla- 
ture shall not grant any titles of nobility or hereditary distinction. 

12. Does the federal constitution prohibit both the United States, 
and the individual States, from conferring, and the citizens from 
receiving, any hereditary title, emolument, privilege or honor ? 

Yes. b 

Supreme -power of the people. 

13. What is the declared principle in the State constitutions as to 
the supreme power of the people 1 

That all power is inherent in the people ; that governments are 
founded on their authority ; and may be abolished, altered and 
reformed by them as they may think proper. 

14. Do the State constitutions, generally, provide a mode in which 
they may be altered and amended ? 

Yes. 



a Constitution of Ohio. See that of Pennsylvania, Part the Third, chap, ii 
b See Part the First, chap. iv. p. 77, and chap. v. p. 80. 



128 STATE BILLS OF RIGHTS. [PART II. 

I?e!ig"io7is liberty. 

15. What provisions"are there as to the rights of conscience? 
Generally, that no human authority shall, in any way, control or 

interfere with the rights of conscience. 4 

16. As to religious worship, or the establishment of religion ? 

It is generally provided, that no preference shall be given by law 
to any religious establishment or mode of worship; that all men have 
a right to worship God according to the dictates of their own con- 
sciences ; and that no man can be compelled to attend or support any 
place of worship, or to maintain any ministry. 

IT. As to religious tests. 

Is it generally provided in the State constitutions, that no religious 
tests shall be required as a qualification to office 1 

In some of the States the constitutional provision is ; that no person 
who acknowledges the being of God, and a future state of rewards 
and punishments, shall be disqualified on account of his religious 
sentiments to hold any office under the State. 

18. Are there similar provisions in the federal constitution, as to 
holding offices under the United States ? 

' Yes. Cons, of U. S. Art. VI. 3. 

19. Is there, then, complete religious toleration in this country, 
secured by the federal and State constitutions ? 

Yes. It may be more properly called liberty of religion. 

Liberty of speech and of the press. 

20. What is, generally, the constitutional provision ? 

That every citizen has a right to speak, write or print upon any 
subject, being liable for the abuse of that liberty, And that the 
printing presses shall be open and free to every citizen who wishes 
to examine the proceedings of any branch of government, or the con- 
duct of any public officer ; and that no kw shall be passed to restrain 
the right thereof. 

21. What is generally contained in these Bills of Rights as to 
prosecutions for libels on public officers ? 

That in prosecutions for any publication respecting the official 
conduct of public officers, or where the matter is proper for public 
information, the truth may be given in evidence. 

22. What is the common law doctrine in relation to libels ? 

That in indictments for libels, which are written or printed abuse, 
the truth cannot be given in evidence. 

23. What is the provision as to the power of juries in indictments 
of libels I 

That in all indictments for libels the jury shall have the right to 
determine the law and facts, under the direction of the court, as in. 
other cases. 



CH. III.] STATE BILLS OF RIGHTS. 129 

24. What is the provision in the federal constitution ? 

" Congress shall make no law abridging the freedom of speech or 
of the press." Cons, of U. S. Amendments Art. I. 

Security of property. 

25. Do the State constitutions generally provide that private pro- 
perty shall not be taken for public use, without just compensation? 

Yes. The federal constitution contains a similar provision. Cons, 
of U. S. Amend. Art. V. 

Security of contracts. 

26. What is the provision of the federal constitution as to laws 
impairing contracts ? 

" No State shall pass any law impairing the obligation of contracts."c 

27. What is the provision in the several State constitutions on the 
subject ? 

That no law impairing the obligation of contracts shall be passed, c 

Right of petition. 

28. Is the right of the people to petition the government for redress 
of grievances, secured by the federal and State constitutions ? 

Yes. Cons, of U. 8. Amendments, Art. I. 

Right of the people to assemble. 

29. Is the right of the people peaceably to assemble, secured by 
the federal and State constitutions ? 

Yes. Cons, of U. S. Amendments, Art. I. 

Ex post facto laws. 

30. Do the constitutions of the several States, generally, provide 
that the Legislatures thereof shall pass no ex post facto laws ? d 

Yes. And they are prohibited from so doing by the constitution 
of the United States, d 

Bills of attainder, e 

31. Are the legislatures of the several States generally prohibited 
by the constitutions thereof, from passing bills of attainder? 

Yes ; and also by the federal constitution. 

32. What do the State constitutions provide as to attainder for any 
crime ? 

No conviction shall work corruption of blood or forfeiture of estate, 
except during the life of the offender, e 

c As to the construction of these constitutional provisions, see Part the 
First, chap. v. p. 79. 

d See Part the First, chap. iv. p. 76, as to these terms. 

c As to the meaning of the terms, and construction of this provision, 
see Part the First, chap. iv. p. 76. 

17 



130 STATE BILLS OF RIGHTS. [PART II, 

Habeas Corpus, f 

33. What is the provision generally contained in the State consti- 
tutions, in relation to the writ of Habeas Corpus 1 

That the privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in case of rebellion or invasion the public safety 
may require it. 

There is a similar provision in the federal constitution. Cons, of 
U. S. Art. I. sect. IX. 2. 

Warrants, searches and seizures. 

34. What is the provision on this subject, in the State constitutions T 
That the right of the people to be secure in their persons, houses, 

papers and effects, against unreasonable searches and seizures, shall 
not be violated ; and no warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing the 
place to be searched, and the person or things to be seized. There 
is the same provision in the constitution of the United States. 

" No person shall be deprived of life, liberty, or property, without 
due process of law." Cons, of U. S. Amendments, Art. V. 

Bail. 

35. What do the State constitutions provide as to accused persons 
being bailed ? 

That all persons shall be bailable by sufficient sureties, unless for 
capital offences, where the proof is evident or the presumption great. 

36. What is the provision as to excessive bail 1 . 

The State constitutions, generally, provide that excessive bail shall 
not be required. And the federal constitution contains a similar 
provision. Cons, of U. S. Amend. Art. VIII. 

Indictments. . 

37. What do the State constitutions provide as to trial by indict- 
ment ? 

They generally provide that no person shall be held to answer for 
a capital or otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in the land or 
naval forces, or in the militia, when in actual service, or in time of 
war, or public danger. There is a similar provision in the federal 
constitution. Cons, of U. S. Amend. Art. V. In some of the 
States there is such a provision in relation to all criminal charges. 
In other States the constitutional provision is, that no person shall, 
for any indictable offence, be proceeded against criminally by infor- 
mation, except in cases arising in the land or naval forces, or in the 
militia, in the time of war or public danger; or by leave of the court, 
for oppression and misdemeanor in office. An information is a mode 
of proceeding at common law ; and is an accusation filed by the 
prosecuting officer, upon which the accused may be brought to trial 



/ See Part the First, chap. iv. p. 75, 



CH. III.] STATE BILLS OF RIGHTS. 131 

without the intervention of a grand jury. In some of the States, it 
is entirely abrogated, as mentioned above, and in the others it is 
scarcely ever used. 

Right of the accused in criminal cases. 

38. What is generally contained in the State Bills of Rights, as to 
the right of the accused in criminal cases, and their trial? 

That, in all criminal cases, the accused hath a right to be heard by 
himself or counsel ; to demand the nature and cause of the accusa- 
tion against him ; to meet the witnesses face to face ; to have compul- 
sory process to obtain witnesses in his favor; to have a speedy public 
trial, by an impartial jury of the county or district in which the 
offence shall have been committed. In some of the States to such a 
constitutional provision it is further added, that the accused " cannot 
be compelled to give evidence against himself, nor can he be deprived 
of his life, liberty, or property, unless by the judgment of his peers 
or the law of the land." It is also generally provided, " that no 
person shall, for the same offence, be twice put in jeopardy of life 
or limb." There are provisions, nearly the same, in the Constitution 
of the United States. Cons, of U. S. Amendments, Art. VI. 

Trial by jury. 

39. What do the State constitutions provide as to the right of trial 
by jury? 

" That in all criminal prosecutions, the accused hath a right to a 
speedy public trial by an impartial jury of the vicinage." 

In some of the States, "that the trial by jury shall be as hereto- 
fore, and the right thereof remain inviolate." 

40. What are the provisions in the federal constitution on the 
subject ? 

" In all criminal prosecutions the accused shall enjoy the right to 
a speedy public trial, by an impartial jury of the State or district, 
where the crime shall have been committed." Cons, of U. S. 
Amendments, Art. VI. 

" In suits at common law, where the value in controversy exceeds 
twentydollars, the right of trial by jury shall be preserved." Cons. 
of U. & - Amendments, Art. VIL 

Fines and punishments. 

41. What do the State constitutions contain on this subject? 
Generally, "that excessive fines shall not be imposed; nor cruel 

and unusual punishments inflicted." And the same provision is also 
in the federal constitution. Cons, of U. 8. Amend. Art. VIII. 

Attainder, g 

42. What do the State constitutions generally provide ? 

"No conviction shall work corruption of blood; nor forfeiture of 
estate ;" except (in some States) for the life of the offender. 

g See Part the First, chap, iv. p. 75, 



132 STATE BILLS OF RIGHTS. [PART II. 

Suspension of laws. 

43. What do the State constitutions declare as to the power of 
suspending laws? 

That no power of suspending laws shall be exercised; unless by 
the legislatures. 

Right to bear arms. 

44. What is the provision? 

" That the people have a right to bear arms for the defence of 
themselves and the State." 

"A well regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be 
infringed." Cons, of V. S. Amend. Art. II. 

Administration of justice. 

45. What do the State Bills of Rights provide as to the remedy by 
law for wrongs or injuries ? 

Generally, " that all courts shall be open ; and every person, for an 
injury done him in his land, goods, person, or reputation, shall have 
remedy by due course of law, and right and justice done him without 
denial or delay." 

Imprisonment for debt. 

46. What is contained in some of the State Bills of Right on this 
subject? 

In some of the States, it is provided therein, "that the person of a 
debtor, where there is not strong presumption of fraud, shall not be 
continued in prison, after delivering up his estate for the use of his 
creditors in such manner as shall be prescribed by law." 

Right of emigration. 

47. What is the provision ? 

Generally, that emigration from the particular State shall not be 
prohibited. 



CHAPTER IV. 



OF THE LEGISLATURES OF THE STATES. 

1. In whom is the legislative power of each State, generally, 
vested ? 

In a Legislature, or " General Assembly," consisting of two 
branches, a Senate and House of Representatives or Delegates ; 
elected by the people of the State. 

In Massachusetts and New Hampshire the legislature, consisting 
of two branches, is called the " General Court" of the particular 
State. In South Carolina the most numerous branch of the legisla- 
ture is styled " the House of Commons." 

2. Do the two branches of a State legislature, act seperately and 
independently, in their deliberations, and proceedings, for the making 
of laws? 

Yes. 

3. Is the assent of both branches of the Legislature of a State 
necessary to the enactment of a law ? 

Yes. 

4. Is it generally provided by the constitution and laws of a State, 
that no member of Congress, or officer under the United States shall 
be a member of the State legislature ? 

Yes. 

5. Is it generally so provided that a person holding an office 
(except of attorney at law, or in the militia) under the State, shall not 
be a member of the legislature thereof ? 

Yes. 

6. Is it provided in some of the States that no member of the 
Legislature of the State shall, during the time for which he was 
elected, be appointed to any civil office under the State, which shall 
have been created, or the emoluments of which shall have been 
increased, during such time ? 

Yes. 
Number of members thereof. 

7. What is generally, the number of members in the Legislatures 
of the States respectively ? 

The number is generally limited by the constitutions of the States 
respectively ; in many of the States it is not less than sixty nor more 



134 STATE LEGISLATURES. [PART II. 

than one hundred in the House of Representatives or most numerous 
branch, and in the Senate not less than one fourth nor more than one 
third of the number of Representatives. In some of the States the 
number is greater, and in others less. 

Apportionment of members. 

8. How are the members of the Legislatures of the several States 
apportioned among- the counties and districts thereof? 

According to the number of taxables in each county or district, or, 
in some States, of the white male adults ; for which purpose an 
enumeration thereof is made at certain periods. 

Qualifications. 

9. What are the qualifications, generally required, to be a member 
of a State Legislature ? 

That a person be a citizen of the State, a resident therein, that he 
be an adult of a certain age, and have resided for a certain time in the 
district or county for which he may be elected. A greater age and 
longer residence are generally required as qualifications of a Senator 
than of a Representative. 

Election of members thereof. 

10. What are the qualifications of electors of members of the State 
Legislatures ? 

In general, at all elections by the people, every white freeman, 
being a citizen of the United States, of the age of twenty-one years, 
who has resided in the State for one year preceding unless absent on 
public business, who is an actual resident of the township or district 
where the election is held, and who has paid a State or county tax, 
is entitled to vote. In some of the States, it is required that a person 
shall be a freeholder, or own a certain amount of property, in order 
<to his enjoying the rights of an elector. In other States, the right of 
suffrage is universal; neither the payment of taxes, nor the owning 
of property, being requisite to the exercise of it. 

The qualifications necessary in electors of the most numerous 
branch of the State legislature are requisite in electors of United States 
officers. See Part the Second, chap. VII. head " Elections." 

Term of service. 

11. What is the term of service of the members of the State 
Legislatures ? 

Generally, the Representatives, or members of the most numerous 
branch, are elected for one year ; and the terms of service of the 
Senators vary in the different States, being in some for three years, 
and so arranged that one third of the number is elected every year, 
and iu other States for a shorter or longer period- 



CH. IV.] STATE LEGISLATURES. 136 

Time of meeting. 

12. When are the State legislatures required to meet ? 

At least once a year, as directed by the State constitutions respec- 
tively. 

13. What power have the governors of the several States to con- 
vene the legislatures thereof? 

Generally, in each State the governor is authorized, by the consti- 
tution thereof, to convene the legislature on extraordinary occasions. 

14. May the members of the Legislatures be compelled to attend 
their meetings ? 

It is generally provided in a State constitution that each branch oi 
the Legislature may compel its members to attend its sessions. 

Adjournment. 

15. How may the State legislatures adjourn ? 

By the joint order or resolution of both Houses thereof, at any 
time. 

16. To what time may they adjourn? 

To any time, before the next election for members thereof. 

17. What is the power of either House of a State legislature as to 
adjourning? 

Generally, neither House can adjourn for more than three days ; 
nor to any other place, than that in which the two Houses are sitting. 

18. What power have the Governors of the several States to 
adjourn the legislatures thereof? 

In some of the States, the Governor of the State is authorized, by 
the constitution thereof, in case of disagreement between the two 
Houses of the legislature as to the time of their adjournment, to 
adjourn the same to such time as he shall see proper, not exceeding a 
limited period. 

Privilege of members from arrest. 

19. What is the privilege of members of the State legislatures 
from arrest? 

By the State constitutions, it is generally provided, that they shall 
be privileged from arrest during their attendance at the sessions of 
their respective Houses, in all cases except treason, felony, and 
breach or surety of the peace. 

20. What privilege have members of the State legislatures, at 
common law, in civil suits ? 

It has been adjudged in some of the States, that members of the 
Legislatures are privileged from arrest, summons, citation or other 
civil process, during their attendance on the public business confided 
to them. 4 Dallas' Reports p. 107. 



iS6 STATE LEGISLATURES. [PART II. 

Freedom of speech or debate. 

21. What is the privilege of members of the State legislatures as 
to speech or debate therein ? 

There is generally a constitutional provision of the Slate that they 
shall not be questioned for any speech or debate in the Legislature. 

Compensation of members. 

22. Do the members of the State legislatures receive a compensa- 
tion for their services? 

They generally receive a certain sum for every day, during their 
attendance on the sessions of the legislatures ; in some stales three 
dollars a day, in others less or more. 



SEPARATE POWERS AND DUTIES OF EACH HOUSE. 

23. What are the powers, in general, of each House of a State 
legislature ? 

It is generally provided in the State constitution, that each House 
shall have all the powers necessary for a branch of the Legislature of 
a free State. 

As to the election and qualification of members. 

24. How are the qualifications of members of the State legisla- 
tures to be determined ? 

Each House of a State legislature is to judge of the qualifications 
of its own members. 

25. How are contested elections of members to be determined ? 
By the legislature of the State, in such manner as is directed by law. 

Quorum. 

26. What number constitutes a quorum ? 

A majority of each House of a State legislature constitutes a quorum 
to do business. And there is generally provision by law for com- 
pelling the attendance of absent members. A smaller number than 
the majority in each House may adjourn from day to day. 

Officers. 

27. What are the usual officers of each House of a State legislature ? 
A speaker, as presiding officer, a secretary or clerk, a sergeant-at- 

arms, and doorkeeper, with their deputies or assistants. 

28. How are the officers appointed? 
Each House chooses its own officers. 

Rules of proceeding. 

29. How are rules of proceeding adopted ? 

Each House determines the rules of its proceedings, 



CH. IV.] STATE LEGISLATURES. 137 

Power to -punish its member*. 

30. What power has each House to punish its members ? 

Each House may punish its members for disorderly behaviour. It 
is generally so provided by the State constitution. 

Expulsion of members. 

31. What power has each branch of a State legislature to expel 
any of its members ? 

It is generally provided in the constitution of a State that each 
House of its Legislature may, with the concurrence of two thirds, 
expel a member. In some States a member cannot be thus expeled a 
second time for the same cause. Members of a Legislature cannot 
be removed by impeachment, a They may be punished by indict- 
ment before the courts of justice for bribery, corruption or other 
misdemeanor. 

To sit with open doors. 

32. Is the Legislature required to sit with open doors ? 

It is generally provided in the constitution of a State, that each 
House of the Legislature shall sit with open doors, unless the busi- 
ness shall be such as ought to be kept secret. 

Journal. 

33. Do the State legislatures keep journals of their proceedings. 
It is generally required by the constitution of a State, that each 

House of its Legislature shall keep a journal of its proceedings, and 
publish it from time to time, except such parts as may require secresy. 

Yeas and nays. 

34. What is the law as to taking the yeas and nays of members of 
the State Legislature ? 

It is generally provided in the constitution of every State that the 
yeas and nays of the members of each House of its Legislature shall 
be taken, on any question, at the request of a certain number of the 
members, and entered on its journal. In sQme States it is done at 
the request of two members ; in others, of a greater number. At the 
calling of the yeas and nays, every member may be compelled to 
vote, unless excused. 

Contempt. 

35. Have the State legislatures power to punish for contempt? 
Each House of a State legislature has the power, generally given 

expressly by the constitution of the State, to punish its own members 
for misbehaviour or contempt ; and it has the implied power, arising 
from the nature of its duties, and necessary for their performance, to 
commit and imprison other persons for contempt, b 

a See Part the First, chap. iii. head " Impeachments." 
b As to the power of Congress to punish for contempt, see Part the First, 
chap, iii.ques. 79. 
18 



138 STATE LEGISLATURES, [PART II. 

Vacancies. 

How are vacancies in the State Legislatures supplied ? 

The Governor, by his proclamation, or the Speaker of the proper 
House, by his warrant, orders a special election in the vacant district, 

The term of service of Senators and Representatives in the State 
Legislatures is an integral term, so that when a vacancy occurs by 
death, resignation or otherwise, the person elected to fill it only serves 
out the unexpired time. 



GENERAL DUTIES AND POWERS OF THE STATE 
LEGISLATURES. 

36. How are the duties and powers of the State Legislatures 
declared ? 

By the constitutions of the States respectively. 

37. Are the powers of the State legislatures limited ? 

Yes ; by the constitution of the United States, and the constitutions 
of the States respectively. 

38. How are the powers of the State legislatures limited by the 
constitution of the United States ? 

By the express prohibitions in it of powers to the several States, 
or the legislatures thereof; and by the grant of powers exclusively to 
Congress, or the general government, c 

39. How may the powers of the State legislatures be classed ? 

As powers granted, expressly or impliedly, and powers prohibited 
or limited. 

40. How are powers granted to the State legislatures in their con- 
stitutions respectively ? 

Mostly in general terms, and by conferring powers expressly or 
imposing duties necessarily implying them, d 

The following remarks, though particularly applicable to the con- 
stitution of the United States, contain correct views as to the construc- 
tion of constitutions of government generally. 

" There is not in the whole of the federal constitution a grant of 
powers, which does not draw after it others, not expressed, but vital 
to their exercise ; not substantive and independent, indeed, but auxi- 
liary and subordinate. There is no phrase in it, which, as the Articles 
of Confederation did, excludes incidenial and implied powers, and 
which requires that every thing granted shall be expressly and 
minutely described. Even the tenth Amendment, which was framed 

c See Part the First, chap. v. 

d See explanations in Part the First, chap. iii. and v; and Part the 
Second, chap, i.- 



OH. IV.] STATE LEGISLATURES. 139 

for the purpose of quieting the excessive jealousies, which had been 
excited, omits the word "expressly," (which had been contained in 
the Articles of Confederation) and declares only that "the powers not 
delegated to the United States, nor prohibited by it to the States, are 
reserved to the States respectively, or to the people;" thus leaving 
the question, whether a particular power, which may become the 
subject of contest, has been delegated to the general government, or 
prohibited to the States, to depend upon a fair construction of the 
whole instrument. 

" The nature of a constitution requires, that only its great outlines 
should be marked, its important objects designated, and the minor 
ingredients, which compose those objects, be deduced from the nature 
of those objects themselves. That this idea was entertained by the 
framers of the American constitution, is to be inferred not only from the 
nature of the instrument, but from its language. Why, else, were 
some of the limitations, found in the ninth section of the first article, 
introduced ? It is also, in some degree, warranted, by their having 
omitted to use any restrictive term, which might prevent its receiving 
a fair and just interpretation." 1 Story on the Cons. p. 418. 

41. How are the powers of the legislatures of the States limited by 
their constitutions ? 

By specific prohibitions, or limitations ; or provisions involving the 
same. See Part the Second, chap. III. 

42. What is the rule of construction, then, as to the powers of the 
State legislatures, under their constitutions respectively? 

That the grant of power is general, and the prohibition or limita- 
tion of it special, e 

43. What powers, in general, are conferred on the Legislature of 
a State by its constitution ? 

Those conferred by having vested in it the legislative power of the 
State, and the specific powers expressly granted. 

44. What power does a State legislature possess by having vested 
in it the legislative power of the State 1 

All the general and necessary powers of the legislature of a free 
government ; not prohibited to it by the constitution of the United 
States, or of the State, nor contrary to any provisions thereof. 

45. What are the powers prohibited to the legislature of a State, 
by its constitution ? 

Those specific powers expressly forbidden to it, and those which 
are contrary to any provisions of the constitution. 

46. Are there powers which may be exercised concurrently by 
Congress and the State legislatures ? 

Yes. They are called concurrent powers. / 

e As to the construction of constitutions, and constitutional law, See 
Part i. chap. ii. 
/ See Part the First, chap. i. p. 24, chap. ii. p. 33, and chap. in. p. 50, 51, 



140 STATE LEGISLATURES. [PART II. 

Appointment to office. 

47. What powers have the State legislatures to elect or appoint 
officers ? 

In many of the States it is provided by their constitutions, that 
certain officers shall be appointed by the legislature of the State, or 
the Senate ; or that they shall be nominated by the Governor of the 
State, and be appointed by and with the approbation of the Legisla- 
ture or of the Senate.. And in some States the power of appointing 
officers, except in particular cases, may be prescribed by law, and of 
course may be vested in the Legislature of the State, g 

Impeachment. 

48. How may State officers be impeached ? 

It is generally provided in the State constitutions that all civil 
officers of the State may be impeached for misdemeanor in office. 
Impeachments are, mostly, preferred by the House of Representatives 
of the State, and tried by the Senate, h 

Of the mode of enacting laws. 

49. How may laws originate or be proposed in the State Legisla- 
tures ? 

All laws may originate in either House of the Legislature of a 
State; except that, in some States, bills for raising revenue must 
originate in the House of Representatives of the State. 

50. What is a bill in a Legislature 1 

A project of a law, offered by a member or committee of either 
House, according to the rules thereof. 

51. What is the mode of proceeding in enacting a law by a State 
legislature ? 

Generally, all laws must be first passed by one House and then by 
the other, according to the rules of each House. * 

52. What number of members of each House must agree to a bill 
or resolution before its passage ? 

A majority of the members present, a quorum attending; except 
in cases where the assent of a greater number is expressly required 
by the constitution of the State. 

53. How is a law of a State finally enacted ? 

In almost all the States it is provided by their constitutions, that 
every bill which shall have passed both Houses of the Legislature of 
the State, shall be presented to the Governor of the State to be signed 
by him, if he approve of it, in which case it then becomes a law, or 
if not approved by him, to be returned by him to the Legislature, for 
re-consideration by it, in the manner prescribed, when if it shall be 

g For appointments to office, see Pan ii. chap. v. and chap. vii. 

h As to the subject of impeachment, see Part the First, chap. iii. p, 40 

i See Part the First, p. 71, 72. 



CH. IV.] STATE LEGISLATURES. 141 

passed again by two thirds of both Houses thereof it shall become 
a law. 

The power of a Governor of a State to disapprove a bill passed by 
the Legislature thereof is called his "veto" power, j 

54. May laws be passed, in some of the States, by the Legislature 
of the State without being presented to the Governor for his assent, 
or any action thereon by him ? 

Yes. It is so in the State of Ohio. 

Laws passed by the State Legislatures. 

55. What are the laws of a State passed by the Legislature thereof 
called ? 

The Acts of the General Assembly, or Legislature, of the State. 

56. What is a statute of a State? 

A written law, passed by the Legislature, and duly enacted, k 

57. What is the date of a statute or law of a State ? 

The day of its being approved by the Governor of the State, or 
otherwise finally becoming a law. 

58. May a law which has been passed by a State legislature, and 
gone through all the forms of a law, be declared unconstitutional 
and void ? 

Yes. Any such law, which is contrary to a provision of the federal 
or State constitution, is void ; and it may be so decided by the courts 
of justice of the State, or of the United States, in the administration 
of the law. 

59. Where are the original laws of a State, as passed by the Legis- 
lature thereof, and finally enacted, filed and recorded ? 

In the office of the Secretary of the State. They are called the 
original rolls of the laws. 

Publication, and evidence of State laws. 

60. How are the statute laws of the several States published ? 
They are published, by law, in annual pamphlets, containing the 

laws of the State passed in the particular year; in certain newspapers ; 
and, in some of the States, in compilations of the statute laws of the 
State, prepared as prescribed by law. 

61. How are the laws of a State proved in courts of justice or 
otherwise ? 

By exemplifications or copies of the original laws, by the Secretary 
of the State, under the great seal of the State. The printed pamphlets 
of the laws, and compilations of them, published by authority of the 
State, are also made evidence of them. 



;' See Part the First, p. 95. 

fc. See Part the Second, chap. ii. 



142 OF STATE GOVERNORS. [PART II. 

62. What is the proof of such laws in other States I 
By the federal constitution, " full faith and credit shall be given to 
the public acts and records of every other State; and Congress may, 
by general laws, prescribe the manner in which such acts and records 
shall be proved, and the effect thereof." Art. IV. sect. I. By the 
Acts of Congress, of 1790 and 1804, legislative acts of the Slates 
are to be authenticated by the certificate of the Secretary of State, 
and the great seal of the State. 



CHAPTER V. 



OF THE GOVERNORS OF THE SEVERAL STATES. 

1. What is the executive department of a government? a 

That department which has the power of carrying the laws into effect. 

2. In whom is the supreme executive power of each State vested ? 
Generally, in a governor. The Governor of a State is called the 

executive or chief magistrate thereof. 

3. Why is the executive power of government vested primarily in 
a single person ? 

In order to secure promptness, certainty and energy in the execu- 
tion of the laws. 

4. How is the organization of the executive department in each 
State, with its separate primary powers and duties, determined ? 

By the constitution of the State. 

5. Is there in some of the States an executive council, whose 
assent is necessary to the appointment of officers and other measures 
by the governors respectively ? 

Yes. In some States such council is elected by the people ; in 
others, by the Legislature of the State. 
Term of service. 

6. What is the term of service of the governors of the several 
States ? 

It varies in the differant States, being from one to four years. In 
some States it is provided that a person shall not be elected governor 
for more than a certain number of terms in succession. 

a See Part the First, chap. i. p. 25, and chap. viii. ; and Part the Second, 
chap. i. p. 115. 



OH. V.] OF STATE GOVERNORS, 143 

Election. 

7. How are the governors of the several States appointed ? 
They are generally elected by the people ; but in a few States by 

the legislatures thereof respectively. 

Qualifications. 

8. What qualifications in a person are generally required, to be 
elected governor of a State ? 

That a person should be of a certain age, generally thirty years? 
and should have been a citizen of the United States and a resident of 
the State for a certain time. And generally no member of Congress, 
or person holding any office under the general or State government, 
can be governor of a State. 

Compensation. 

9. What compensation do the governors of the States receive ? 
The constitutions of the several States provide that they shall 

receive a compensation, to be fixed by law, which shall not be 
increased nor diminished during their terms of office. It is different 
in the several States ; being from one to four thousand dollars a year, 
and in some instances more. In Ohio, it is one thousand dollars a 
year, and in Pennsylvania three thousand dollars a year. 

Duties and powers. 

10. What are the duties and powers in general of the Governors 
of the several States ? 

It is generally provided in the constitution of a State, that the 
governor thereof " shall see that the laws be faithfully executed ;" 
and that he shall have certain specific powers ; and he may be vested 
with powers by "law," or the Acts of Assembly, not inconsistent 
with the constitution. 

The governors of the several States possess no other powers than 
those conferred on them, by the constitutions and laws respectively. 

Power and duty as to legislation. 

11. Has the Governor of a State power to convene the Legislature 
thereof? 

It is generally provided in a State constitution that ^he Governor 
may convene the Legislature on extraordinary occasions. 

12. What is his power as to adjourning the Legislature of the State ? 
He has a similar power to adjourn the Legislature in case of its 

disagreement as to the time of adjournment. 

13. What is the duty of the Governors of the several States as to 
communicating information to the Legislatures thereof? 

It is generally provided in the constitution of a State that the 
Governor shall, from time to time, communicate to the Legislature 
information respecting the operations and affairs of the government, 
and recommend such measures as he shall deem expedient. Such 
communications are made in writing and called his messages to the 
Legislature. 



144 OF STATE GOVERNORS. [PART II. 

14. What power has the Governor of a State as to the enactment 
of laws by the Legislature ? 

In general, it is provided by the constitution of a State, that any 
bill passed by the Legislature shall be presented to the Governor, for 
his approval or disapproval of it; giving him the power of a qualified 
negative upon it. It is not so, however, in all the States, b 

The executive of a State has not the right of a negative upon 
elections by the Legislature, as in cases where the State constitution 
gives him a qualified negative upon the laws. 

Appointment of officers. 

15. What powers have the governors of the several States as to 
the appointment of officers? 

In most of the States the power of appointment, as to those officers 
who are not elected by the people, is conferred by the constitutions 
on the Governor, with the advice and consent of the State Senate ; 
in some States this is the case with respect to some of the most 
important offices, and as to the others the Governor has the sole 
power of appointment. In some States the Legislature appoints all 
officers not elected by the people, and the Governor is only authorized 
to fill vacancies in such offices during the recess of the Legislature. 
Generally, all officers are commissioned by the Governor. 

16. Where a governor of a State has the power of appointing 
officers, who hold office at will, can he remove such officers at his 
pleasure ? 

Yes ; the power of appointment, in such cases, implies the power 
to remove, c 

17. Does the power of appointing, imply the power to remove an 
officer, in all cases except where the office is held during good beha- 
viour, or its duration for a certain time is specially declared by the 
law establishing it ? 

Yes. c 

Military power. 

18. What is the military power of a Governor of a State ? 
Generally, he is the commander-in-chief of the army and navy of 

the State, and of the militia, except when called into the service of 
the United States, d By the federal constitution no State shall keep 
troops or ships of war in time of peace, d 

b See Part the Third, chap. iv. 

c See Part the First, chap. viii. p. 94. 

d As to the militia, see Part the First, chap. iii. head Militia. 



CH. V.] OF STATE GOVERNORS. 145 

Power of pardon. 

19. What is the power of the Governors of the States as to 
reprieves and pardons ? 

By the State constitutions, they are, generally, vested with power 
to grant reprieves and pardons for offences, except in cases of im- 
peachment. 

20. Under such a power may a governor grant a pardon for an 
offence before the trial or conviction of the offender 1 

Yes. In Ohio, the constitution of the State expressly confines its 
exercise to cases after conviction. 

Impeachment. 

21. Are the Governors of the several States liable to impeachment? 

By the State constitutions, they are liable to impeachment for trea- 
son, bribery, or other misdemeanor in office^; which" impeachment is, 
generally, on the presentation of the House of Representatives of the 
State, and tried by the Senate thereof, e. 

Vacancy. 

22. How is a vacancy in the office of a Governor of a State to be 
filled ? 

As provided by the constitution of the State ; generally, by the 
office devolving upon the Speaker of the Senate, or of the House of 
Representatives, of the State. In some of the States there is a 
Lieutenant Governor who officiates as Governor in case of such a 
vacancy. 

Lieutenant Governor. . 

23. What is the office of Lieutenant Governor ? 

In some of the States, there is a Lieutenant Governor, elected in 
the same manner, and for the same term, as the Governor. In case 
'of a vacancy in the office of governor by death, resignation, inability 
or otherwise, it devolves upon him. There are other duties, in some 
instances, assigned to this officer. 

Chief subordinate State officers. 

24. What chief State officers are there, generally, connected with 
the government of a State ? 

A Secretary of State, State Treasurer, State Auditor or Comptroller, 
^and Attorney General of the State. These are sometimes called 
Heads of Departments, for the State. In several States some of 
them are appointed by the Governors ; but genejally they are elected 
*by the Legislatures. / 

e As to impeachment see Part the First, chap. iii. p. 40. 
f See further on, chap, vii-.. head States and State Officers. 
i9 



CHAPTER VI. 



OF THE COURTS AND JUDICIARY OF THE STATES. 

1. What does the constitution of each State, generally provide as? 
to the judicial power of the State? 

That the judicial power of the State shall be vested in certain 
courts, described in the constitution, and in such other courts as shall 
be established by law. 

2. Is it a principle in the federal and State constitutions, that the 
judicial department shall be kept distinct from, and independent of 
the other departments of government ? 

Yes. 

3. Are the courts of justice of a State the judicial department of 
its government. a 

Yes. The judiciary of a State is a co-ordinate branch of the 
government, with the other departments thereof, deriving in like man- 
ner its authority, under the constitution, from the people, and as such 
being equally the representatives of the people. 

4. How may courts be divided with respect to their jurisdiction? 
Into courts of original and courts of appellate jurisdiction, b 

5. How are courts further distinguished, in relation to their juris- 
diction ? 

As courts of civil jurisdiction and courts of criminal jurisdiction., 

6. What are courts of record and courts not of record ? 

Courts which keep proper records of their proceedings, and have 
a seal, are courts of record ; others are not of record. 

7. Is there a distinction between Courts, in relation to their chan* 
eery powers ? 

in some of the States, there are Courts differing from the other 
courts in exercising chancery or equity jurisdiction c exclusively. 
In most of the States the jurisdiction of the courts is mixed, consist- 
ing both of common law and equity jurisdiction. 

8. What officers are judges of the Courts? 

Judicial officers of the State, appointed for a term of years, or for 
life, during good behavour. 

a See Part the First, chap. ix. on the Judiciary. 

b See explanation of the terms, Part the First, chap. ix. 

t See explanation of terms, in Part the Second, chap, ii, p. 119„ 



CH. VI.] STATE COURTS. 147 

9. What courts are there in the several States ? 

Generally, the ordinary courts for each State are ; for the whole 
State, an appellate court, called the Supreme Court, or Court of 
Errors and Appeals ; and for every county, a court of original civil 
jurisdiction called a Court of Common Pleas, and also courts of 
Quarter Sessions of the Peace and of Oyer and Terminer and Gaol 
Delivery, d of original criminal jurisdiction, an Orphans' Court, and 
Register's Court ; which courts are held in some States by the same 
judges, and in others by different judges ; and in a few of the States 
there is in every county a court of chancery or equity, held by a judge 
called a chancellor. There exists in some States a court in every 
county held by a single judge of the Supreme Court, called a Circuit 
Court, and having original jurisdiction, as to the higher crimes and 
offences, and in civil cases of importance where the sum or value in 
dispute exceeds a certain amount ; an appeal being allowed from 
this court to the Supreme Court in bank; and where there is not such 
a court, there is, in some instances, a District Court in every county, 
held by a judge appointed for the purpose, with similar jurisdiction. 
Mayor's or Recorder's Courts are held only in cities. These are 
courts of record. There are likewise one or more justices of the 
peace, e in every township, borough or district of each county, and 
aldermen in the cities, i 

10. How are the appellate State Courts generally organized ? 
They generally are composed of three or more judges ; who hold 

a session of the Court once a year for the State; in some of the 
States they hold sessions of the Court in several districts of the State, 
assigned for the purpose. 

11. How are the Courts of Common Pleas, or ordinary county 
courts, organized ? 

Generally, a State is divided for this purpose into judicial districts 
or circuits, consisting of several counties ; for each of which districts 
or circuits a President Judge is appointed, who holds the court in 
every county therein, together with two or more Associate Judges 
appointed therefor. Such courts are held at several stated periods 
during the year, and as occasion may require. 

12. Have the State Courts jurisdiction under the laws of the United 
States ? 

In some cases, there is jurisdiction conferred by Acts of Congress 
on the State Courts and magistrates. It has, however, been adjudged 
that they are not obliged to exercise such jurisdiction ; though they 
may exercise it, if authorized by the laws of the State. 

13. May the State Courts decide that an Act of Congress or law 
of a State is unconstitutional and void ? 

Yes. 



d See Part the Third, chap. vi. 

e See, further on, in the chapter, head Justices of the Peace, and Aldermen- 



148 STATE COURTS. [PART II, 

14. May there be an appeal, in any case, to the Supreme Court of 
the United States from a State Court? 

Under the federal constitution, and the judiciary Acts of Congress, 
there may be an appeal from the final decision of the highest court 
of law or equity in a State to the Supreme Court of the United States, 
in certain cases, where such decision has been against the validity of 
an Act of Congress, treaty, or any commission or authority derived 
from the federal government, or in favor of the validity of any State 
constitution, law or authority, where its validity has been drawn in 
question on the ground of repugnancy to the federal constitution. / 

15. Are there some cases in which the State Courts have jurisdic- 
tion concurrently with the United States Courts ? 

Yes. g 

Judges. Appointment. 

16. How are the judges of the State Courts appointed! 

It is generally provided in the constitution of a State that the judges 
of the several courts shall be nominated, and by and with the consent 
of the Senate, be appointed by the Governor of the State. In some 
States they are elected by the Legislatures ; and in others, some of 
the judges are elected by the people. 

17. Are judges required to be "learned in the law V 

It is generally required, in the State constitution or laws, that the 
persons appointed or elected judges shall "be learned in the law," 
except associate judges in the county courts. 

Duration of office. 

18. What is the term of office of the State Judges ? 

It is generally fixed by the State constitutions ; and in some States 
it is for life, or good behaviour ; and in other States, for a term of 
years, which is various in difFerant States. 

Salaries. 

19. What compensation do the judges of the several States receive ? 
The several State constitutions generally provide that the judges 

shall receive, at stated periods, a compensation to be fixed by law, and 
which shall not be diminished during their continuance in office ; and 
that they shall not receive any fees or perquisites of office. 

Impeachment. 

20. Are the judges of the several States liable to impeachment? 

It is generally provided by the constitutions of the several States- 
that they may be impeached for misbehaviour in office, k 

f See, as to the Supreme Court of the U. S. Part the First, chap. iz. 

g See Part the First, chap. ix. 

k As to impeachment, see Part ii, chap. iv. p. 140. 



CH. VI.] STATE COURTS. 149 

Removal from office. 

21. How may the judges, in some of the States, be removed from 
office on the address of the Legislatures ? 

In some of the States, it is provided by the constitutions thereof, 
that the judges, for any reasonable cause which shall not be sufficient 
ground of impeachment, may be removed from office on the address 
of two thirds of both branches of the Legislature. 

22. Are the judges liable to be removed from office on conviction 
of misbehaviour in office, or of any infamous crime 1 

Yes ; it is generally so provided in the constitutions of the several 
States, l 

Incompatibility of office. 

23. Can the judges of the State Courts hold any other office ? 

It is generally provided in the State constitutions, that the judges 
shall not hold any other office of profit under the State. 

And it is, also, so provided, that no member of Congress or officer 
of the United States shall at the same time hold any office in the 
State, m 

Mayor's or Recorder's Courts. 

24. What courts are these 1 

They are courts in the cities, held by the Mayor or Recorder of a 
city, together with the aldermen of the city ; having jurisdiction to 
try and punish for the lesser criminal offences, and for violations of 
the ordinances of the city. 

Justices of the Peace. 

25. What are Justices of the Peace ? 

They are officers, one or more in every township, whose general 
jurisdiction is that of conservators of the peace, having authority to 
receive information and complaints of criminal offences, and to cause 
the offenders to be arrested and committed for trial before the proper 
court, and in bailable cases to admit prisoners and others to bail. In 
some States they have power to try and punish for offences, of the 
lesser kind, as assault and battery, and the like. In some States, also, 
they have conferred on them, by Act of Assembly, jurisdiction to try 
and determine civil suits, where the sum or value in controversy does 
not exceed a limited amount, n 

26. How are Justices of the Peace appointed 1 

In some States, they are appointed by the Governors, with the 
consent of the Legislature ; in other States, by the Legislature ; and 
in others, they are elected by the people. 



I Seepage, 154. 

m See Head officers in general, chap. vii. p. 152. 

n See head Justices of the Peace, chap. vii. 



150 STATE COURTS. [PART II. 

27. What is their term of office, generally? 

They are generally appointed or elected for a term of years. 

28. What compensation do they receive ? 

They are paid stated fees or perquisites of office, as costs of prose- 
cution or suits, or by the persons for whom the services are performed. 

Aldermen. 

29. What officers are Aldermen ? 

They are judicial magistrates in cities ; having jurisdiction and 
powers similar to Justices of the Peace ; and especially of prosecu- 
tions and suits for violations of the ordinances and bye-laws of the 
cities, and of proceedings under them. They are generally appointed 
by the governor of the State, or elected by the people. 

Officers of the Courts. 

30. What officers of the courts are there ? 

Prothonotaries or clerks, attornies at law, sheriffs, and constables 
or bailiffs, or tipstaves. 

Prothonatory or Clerk. 

31. What officer is a prothonotary or clerk of a court ? 

There is generally a prothonotary or clerk for each court. In some 
of the States the same person is prothonotary or clerk of all the courts 
in a county. 

32. What are his duties ? 

His regular duties are, to keep a record of the judicial proceedings ; 
to keep the seal of the court ; to issue all writs and process of the 
court, tile and preserve all papers and documents relative to the busi- 
ness thereof, and to give certified copies of the same, under the seal 
of the court, when duly required ? 

33. How is he generally appointed? 

In differant modes in the several States ; by the appointment of 
the Governor, the election of the people, or the appointment of the 
particular court. 

34. What compensation does he receive ? 

Generally, it is derived altogether from prescribed fees, and perqui- 
sites of office. 

Attornies at Law. 

35. Who are attornies at law ? 

They are persons learned in the law, admitted by the courts, under 
the rules thereof, to institute suits, manage causes and conduct pro- 
ceedings, for others having business therein. They are officers of 
the courts. They are liable to be struck off the roll of attornies, or 
otherwise punished, by the courts for misbehaviour in office, o 

o See head Attornies at law, Part the First, chap. ix. 



CH. VI.] STATE COURTS. 151 

36. What officers are the Attorney General of a State, and prose- 
cuting attornies ? 

The Attorney General is the legal adviser and attorney at law of 
the o-ovemment, and has the superintendance of all the criminal prose- 
cutions in the State. The prosecuting attornies are either the deputies 
of the Attorney General, appointed by him at his pleasure for the 
several courts, or elected by the people, who manage and conduct on 
the part of the State all criminal cases and proceedings in the courts 
of justice. 

Sheriffs. 

37. What officer is a sheriff? 

He is the executive officer of the courts ; generally, elected by the 
people, for a term of years, in every county. It is his duty to serve 
and execute all process, writs, orders, judgments, decrees and 
sentences of the courts in his county. He may appoint deputies, and 
xemove them, at pleasure. He is by virtue of his office conservator 
of the peace, and authorized to prevent disturbances of the peace, to 
suppress riots, affrays and unlawful assemblies, and to arrest criminals, 
and for this purpose he may require the assistance of the citizens, and, 
if necessary, summon the posse comitatus, or power of the county, 
to aid him. There are often various duties specially required of him, 
as a county officer, by Act of Assembly. His compensation is from 
fees and perquisites of office, fixed by law. The courts are, also, 
authorized to appoint constables or tipstaves to attend them at their 
sessions as ministerial officers. 

Constables. 

38. What officers are constables? 

They are civil executive or ministerial officers, in every township 
or parish of a county, or ward of a city. They are elected by the 
people of the township or parish, or ward of a city for the term of 
one year. Their regular duty is to serve and execute all warrants, 
process, writs, orders and judgments of justices of the peace, and 
aldermen. They are by virtue of their office conservators of the 
peace, and are authorized to prevent disturbances of the peace, sup- 
press riots, and arrest criminals, on their own view, or on the warrants 
of the civil magistrates.. There, are, also, various duties imposed on 
them, by special statute, relative to their townships or wards. They are 
compensated by prescribed fees and perquisites, and allowances for 
particular services. The courts are generally authorized to appoint a 
certain number of constables to attend their sessions, to preserve order 
therein, and perform other ministerial services. 



CHAPTER VII. 



OF THE STATES AND STATE OFFICERS; AND COUNTIES AND 
TOWNSHIPS, AND THE OFFICERS THEREOF. 

Of officers in general. 

1. How may the officers of a State be classed ? 

Generally, into State officers, county officers, and township, parish 
or ward officers. 

2. How may officers be considered in relation to the nature of their 
tlu ties ? 

As judicial or executive ; and as civil or military \ 

3. How are offices in a State established ? 

By the constitution of the State, or the laws thereof. 

4. Can officers in a State be created in any other way than by the 
constitution or the laws thereof? 

No, 

5. Can the Legislature of a State create new offices 1 
Yes ; if it is not contrary to the constitution of the State. 

8. Is the power of appointment to offices determined by the con- 
stitutions of the States respectively ? 

As to the most important offices the power of appointment is gene- 
rally fixed by the constitution of the State ; and as to other offices 
the mode of appointment or election is left to be provided for by law* 

Qualifications of electors. 

1. What are the qualifications of voters at elections ? 

In general, every white person, being a citizen of the United States, 
of the age of twenty-one years, who has resided within the State for 
one year preceding, who is an actual resident of the district or town- 
ship in which the election is held, and who has paid a State or county 
lax, is entitled to vote at all elections. Absence from the State on public 
business does not affect the right to vote. In some of the States a 
property qualification is required. In other States the right of suff- 
rage is universal ; neither the payment of taxes, nor the owning of 
property being necessary to the exercise of it. 



H. 



VII.] OFFICERS IN A STATE. 153 



Elections. 

8. How are elections held ? 

As to the time. In general, there is a general election held on one 
day every year throughout a State for Representatives in Congress, 
members of the State Legislature, and State and county officers, as 
may be necessary. Township, ward or borough officers are elected 
at a diiTerant time. 

As to the place. In most of the States every township or parish, 
borough and ward is an election district; and elections are held at 
such places therein as may be directed by law. 

As to the manner. In general, the electors vote personally by 
ballot, printed or written. In some States they vote orally, naming 
the candidate voted for. 

The election is held at each district under the management of elec- 
tion officers, called judges and clerks. In some States the polls are 
kept open for only one day ; and in others until all the votes offered 
are given. There are two clerks at each place of election, each of 
whom keeps a poll-book, or list of voters, in which the name of 
every voter is entered as he puts in his vote. The votes are given 
singly to one of the judges of the election, and by him then placed 
in a ballot box. The votes are not opened or inspected until after 
the polls are closed, when they are finally counted by the judges, and 
a statement thereof is made by the clerks. Certificates containing the 
names of the candidates, and the numcer of votes given them respec- 
tively, are then signed by the judges and clerks, and forwarded to the 
proper offices. These certificates are called election returns. Certi- 
ficates of election are issued to the persons elected. 

In general, in all elections by the people the choice is determined 
by a plurality, not a majority of votes ; that is, the one of all the 
persons voted for who has the greatest number of votes is elected. 
In some of the States a majority of all the votes given is requisite to 
the election of particular officers. 

Tenure, or duration of office. 

9. How may officers be considered as to the tenure or duration of 
their offices? 

As officers at ivill, liable to be removed at the pleasure of the 
appointing power ; officers for a term of years, and officers for life, 
being on condition of good behaviour. 

10. Are all State offices held on condition of good behaviour? 
Yes ; and the incumbents are liable to be removed on conviction of 

misbehaviour in office, or of any infamous crime. ■ 

Qualifications for office. 

11. Who may be appointed or elected to office ? 

Generally all citizens, residents in the State ; and, in some cases, 
previous residence in the State and county for a certain time is required, 
unless the person have been absent on public business. 
20 



154 OFFICERS IN A STATE. [PART II. 

12. Is a person convicted of duelling disqualified frorn^ holding 
office in some of the States ? 

Yes. 

Religions sentiments. 

13. Is there any disqualification for holding office on account of 
religious sentiments ? 

It is generally provided in the State constitutions, that no person 
who acknowledges the being of God and a future state of rewards 
and punishments shall be disqualified on account of his religious 
sentiments to hold any office. 

Incompatibility of office. 

14. What officers are incompatible ? 

It is generally provided in the constitution of a State, that no mem- 
ber of Congress, or officer of the United States, shall at the same 
time exercise any office in the State. In some of the States members 
of the Legislature cannot hold certain offices , and other offices are 
made by law incompatible. 

Impeachment. 

15. What is the provision in the State constitutions as to the im- 
peachment of officers ? 

Generally, that all civil officers are liable to impeachment for mis- 
demeanor in office. The meaning comprehends, probably, any viola- 
tion of official duty, whether criminal or not. This liability to 
impeachment is, in theory, one of the strong safeguards for official 
integrity. The impeachment is presented by the House of Repre- 
sentatives, and tried before the Senate, of the State ; the punishment 
to be removal from office, and disqualification to hold office in future, p 
In most instances, the party impeached, whether acquitted or convicted, 
is nevertheless liable to indictment and punishment according to law 
in the courts of justice, 

Removal from office. 

16. Are officers liable to be removed from office for misbehaviour? 
It is generally provided, either by the State constitutions, or by law, 

that all civil officers may be removed on conviction of misbehaviour 
in office, or of any infamous crime. 

17. What provision is there in some of the States as to removing 
officers on the address of the Legislatures respectively? 

It is provided in some of the States that particular officers, as judges 
and some other officers, may be removed on the address of two-thirds 
of the Legislature for any reasonable cause which shall not be suffi- 
cient ground of impeachment. 

p As to impeachment, see Part the First, chap, iii. head Senate. 



CH. VII.] STATE OFFICERS. 155 

18. How may persons holding offices at ivill be removed ? 

By the appointing power, at the pleasure thereof, at any time, q 
It may be done, by dismissing the incumbent, superseding his com- 
mission, or appointing another person to the office in his place. 

Oath of office. 

19. Are all State officers required to be bound by an oath or affir- 
mation of office? 

It is provided by the federal constitution, " that all executive and 
judicial officers, both of the United States, and of the several States, 
shall be bound by oath or affirmation to support this constitution ;" 
and generally by the constitution of each State, that all officers, execu- 
tive and judicial, shall be bound by oath or affirmation, to support the 
constitution of the State, and to perform the duties of their offices 
with fidelity. 



STATES, AND STATE OFFICERS. 

20. How are the general affairs of a State conducted, and its laws 
administered ? 

By State officers. 

21. How may State officers be divided? 

Into civil and military; and the civil into executive and judicial. 

22. What is the executive department of a State ? 

The Governor, in whom the supreme executive power is vested, 
and the other executive officers of the State. 

23. What officers are called the Heads of Departments in a State? 

Generally, there are in a State a Secretary of State, a State Audi- 
tor, a State Treasurer, and an Attorney General, who are called the 
Heads of Departments. * 

24. Are the Governor and Heads of Departments commonly called 
the State administration ? 

Yes. 

25. How are State officers paid for their services ? 

Generally, by annual salaries, paid out of the treasury of the State. 

Taxation and Revenue. 

26. How are the expenses of the government generally borne ? 
By a revenue derived from State taxes, laid and collected under the 

laws thereof, r In some of the States there is a revenue derived from 
the sale of the public vacant lands of the State. Premiums paid to 
the State by banks and other corporations, for acts of incorporation, 
are, in some instances, sources of revenue. Some o[ the States hold 

q See Part the First, chap. viii. p. 94 ; and Part the Second, chap. v. p. 144 
r See Part the Third, chap. vii. 



156 STATE OFFICERS. [PART II. 

stock or shares in batiks or other corporations , the dividends on which 
afford an annual income to the State. 

In general the State legislatures have the power of taxation without 
restriction; except as to taxes or duties on imports, exports and 
tonnage, which they are prohibited from laying by the federal consti- 
tution, s In some of the State constitutions there are express prohi- 
bitions " to levy a poll tax for State or county purposes," 

The various kinds of taxes in a State are, in general, as follows. 
I. State taxes, the rate of which is fixed by the legislature, generally 
for each year. II. County taxes, the rate of which the County 
Commissioners or trustees are authorized to fix, with certain re- 
strictions. III. Township taxes, which the township trustees or 
supervisors may assess, not exceeding a certain rate. City and 
borough taxes are similar to these, assessed by the officers thereof, 
according to their charters or acts of incorporation. IV. In some 
States, the school taxes, which may be laid by the county trustees or 
commissioners, or district school directors, not exceeding a certain 
amount. V. The poor tax, which is fixed, not to exceed a certain 
rate, by the trustees or county commissioners, or the directors of the 
poor of the townships. The mode of assessing and collecting such 
taxes is referred to, more, fully, in this chapter, under the heads of the 
differant county and township officers. 

The objects of taxation under the State laws are, in general, as 
follows : Real estate, including land and buildings, rated according to 
its assessed value : Personal property ; including stocks in corpora- 
tions, dividends of banks and other companies, debts bearing interest, 
the capital of merchants, manufacturers and brokers : offices, profes- 
sions, occupations and trades : Licenses to auctioneers, innkeepers, 
pedlars and the like. 

State loans and stocks. 

27. What are State loans and stocks ? 

Certificates of indebtedness or obligations to pay money issued by 
a State, payable to the holder or order or assigns at fixed periods, and 
bearing interest payable semi-annually or annually. 

Many of the States have borrowed money, to a large amount, for 
the purpose of internal improvement, or other extraordinary expenses, 
on such public loans or stocks. 

Secretary of the State. 

28. How is the Secretary of State appointed ? 

Generally, by the Governor of the State, with or without the 
consent of the Legislature. 

29. What are the duties, in general, of the Secretary of State ? 

In his office is kept the great seal of the State. The originals of 
all the laws, and public documents, are filed and recorded in it, and 

s See Part the First, chap, iii, head "Revenue, Taxes," and chap. v. p. 80, 



CH. VII.] STATE OFFICERS. 157 

authentic copies thereof furnished, when required. All commissions 
to State officers, with the great seal of the State, signed by the Gov- 
ernor, and countersigned by the Secretary of State, are issued from 
it ; as are, also, all other documents requiring the great seal. A 
record of all the public acts and proceedings of the Governor is kept 
in this office. The returns of the election of State officers are filed 
there. And the Secretary of State superintends the publication and 
distribution of the laws of the State. . 

State Treasurer. 

30. How is the State Treasurer appointed? 

He is, generally, elected every year by the Legislature of the 
State ; but, in some States, he is elected by the people. 

31. What are, in general his duties? 

To receive and have custody of the public money of the State ; to 
superintend the collection of the State taxes and debts ; and to pay 
warrants and orders upon the treasury, as directed by law. He is 
required to furnish an annual account of the receipts and expenditures 
of the State, and an estimate of future revenue. 

State Auditor. 

32. How is the State Auditor appointed? 

He is generally, appointed by the Governor of the State, with the 
consent of the Senate or councel, or elected by the Legislature. In 
some States he is elected by the people. Such an officer, in some of 
the States, is called the Auditor General, or Comptroller, of the State. 

33. What are the duties, in general, of the State Auditor ? 

To examine, adjust and settle all claims, bills and demands against 
the State ; also the accounts of officers and agents entrusted with the 
collection, receipt, or disbursement of the public money ; and to 
preserve the vouchers relative thereto, and keep a register of such 
accounts. It is, in general, his duty to present annually to the Gov- 
ernor or the Legislature an account of the finances of the State, with 
an estimate of expenses for the ensuing year, and of the accruing 
revenue and resources. 



OF COUNTIES AND COUNTY OFFICERS. 

34. How are the several States divided ? 

Into counties, and each county into townships in general. Cities, 
divided into wards, may exist in counties, and boroughs and towns in 
townships. In some States counties are divided into towns or 
parishes, boroughs and villages. 

35. Is each county in a State organized with its officers, for the 
purpose of carrying on its local affairs, and the administration of the 
Jaws therein ? 

Yes. 



158 COUNTIES, AND OFFICERS. [PART II. 

36. What are county taxes ? 

Taxes assessed and collected by the proper county officers, in order 
to defray the expenses of the county. They are sometimes called 
county rates and levies. 

37. What are the objects of expenditure of a county ? 

In general, the erection and repair of a court house, goal, and 
public offices, the pay of jurors and constables attending the courts, 
certain costs of court in criminal cases, the maintenance of criminals 
and convicts in the county gaol, building and repairing county bridges, 
the expenses of the general elections in the county, and like matters. 

38. Is there, in some of the States, certain fines and forfeitures, 
imposed on persons convicted of crimes and offences, or otherwise 
incurred, directed to be paid into the treasuries of the counties for 
the use thereof. 

Yes. 

Courts. 

39. Are there courts of justice held in each county ? 

There is generally a court for each county, with original jurisdic- 
tion, whose sessions are held at stated periods in every year ; and, in 
most cases, a Court of review, or of Errors and Appeals ; according 
to the judicial system of the State. The clerk or prothonotary of 
the court has his office in the county. There are sometimes several 
courts held in a county of differant jurisdictions, as to civil or criminal 
cases, or as to the amount or value in controversy. 

40. Are there Justices of the Peace in each county ? 

There are Justices of the Peace, or like officers, in each county ; 
and in some States, in each township or parish. 

County officers. 

41. What civil county officers are there 1 

Generally, there are in each county a Prothonotary or Clerk of the 
Courts, a Register, a Recorder of Deeds, Sheriff, Coroner, County 
Commissioners or trustees, County Treasurer, and County Auditors. 

Prothonotaries or clerks of courts. 

42. What are the duties of these officers ? 

In general to act as clerks of the courts, to record the proceedings, 
judgments, orders, and sentences of the courts, to file and preserve 
the records and papers thereof, to give authenticated copies of them, 
to issue judicial writs and process under the seals of the courts; and 
to perform various services prescribed by law. 

Register. 

43. What is the nature of the office ? 

All wills and testaments are generally required to be filed and 
recorded in the office of the Register of the county, who takes the 
probate of the saaie, and grants letters testamentary thereon. He 
grants letters of administration on the estates of intestates. In his 



CH. VII.] COUNTY OFFICERS, 159 

office also are filed the accounts of executors and administrator for 
settlement. These duties are performed in some of the States by the 
clerk of the county court. 

Recorder. 

44. What is the nature of the Recorder's office? 

There is generally established by law a Recorder's office in every 
county in a State for the recording of deeds, conveyances and mort- 
gages, and other instruments of writing. The Acts of Assembly 
of the States generally provide that if a deed for land and tenements 
is not recorded within six months, it shall be void against any subse- 
quent bona fide purchaser without notice ; and that a mortgage of 
land shall take effect, as against persons not parties to it and bona 
fide interested without notice, from the time of its being recorded, or 
its presentation for that purpose ; and that deeds recorded shall be 
notice, from the time of their being recorded, to any subsequent 
purchaser. Copies or exemplifications of deeds recorded, certified 
by the Recorder under the seal of his office, are evidence of the deeds 
in courts of justice, and otherwise, r 

Prosecuting Attornies. 

45. What officers are prosecuting attornies? 

The Attorney General of the State has the charge and superintend 
dance, on behalf of the State, of criminal prosecutions and proceed- 
ings in general ; and in most of the States, for the purpose of con- 
ducting them, he has his Deputies in the several counties or courts, 
who are appointed and removed by him at his pleasure. In some of 
the States, there are officers called Prosecuting Attornies, elected by 
the people, or otherwise appointed for each county, whose duty it is 
to manage and conduct, on the part of the State, all criminal prosecu- 
tions therein, s 

Sheriffs. 

46. What are the duties and powers of a Sheriff of a county 1 
He is the executive officer of the courts of the county, and as such 

authorized and bound to serve and execute all writs, orders, sentences 
and decrees thereof. He is also, by virtue of his office, conservator 
of the peace in the county, and empowered to suppress affrays and 
unlawful assemblies, and generally to preserve the peace ; and to 
arrest all persons guilty of criminal offences, on personal view, and 
with or without warrant. Sheriffs are mostly keepers of the county- 
gaols, except where it is otherwise ordered by law. There are 
various other duties, in relation to selecting and summoning jurors, 
to the elections held in the county, and other matters, required of 
him by Acts of Assembly. They may appoint deputies and goalers, 
under them, and remove them at pleasure ; being responsible for their 
official acts. 



r See Part the Third, chap. vii. 

s See Part the Second, chap, vi, head Attorney General. 



160 COUNTY OFFICERS. [PART II. 

47. Can Sheriffs require the assistance of the people, in suppress- 
ing riots and affrays, and arresting criminals ? 

Yes. For such purposes he can raise the posse comitatus, or 
power of the county, that is, such a number of men as is necessary 
for his assistance ; and every person, of proper age, and not disabled, 
is bound to obey his summons, a refusal to do so being an indictable 
offence. 

Coroners. 

48. What are the duties in general of a Coroner? 

To serve and execute all writs, orders and process of the courts, 
where the Sheriff of the county is a party or interested ; and to exercise 
the office of Sheriff, in case of a vacancy in the office, and until 
another Sheriff shall be commissioned. He is a conservator of the 
peace, within the county, having the same power which the Sheriff 
as such possesses. He is also authorized to hold inquests post 
mortem, on the bodies of persons dying accidentally or b}^ violence. 

County Commissioners* 

49. What officers are these? 

Officers elected by the people of the county ; who are authorized 
to assess and cause to be collected county taxes, as prescribed by law ; 
to make contracts for the erection of a court house, gaol, county 
offices, and county bridges, and the repairs thereof; to direct the 
application of the funds of the county to the proper objects of 
expenditure ; and to perform various other duties as provided by lav/. 

County Treasurer. 

50. What are the duties of the County Treasurer ? 

To receive and have the charge of the monies arising from the 
-county taxes, and otherwise belonging to the county ; and to pay out 
the same on the orders or warrants of the county commissioners or 
trustees, and in other manner, as directed by law. 

County Auditors. 

51. What officers are these? 

They are officers, generally elected by the people, who are autho- 
rized to adjust and settle the accounts of the County Treasurer, and 
other persons entrusted with the receipt and expenditure of the 
money belonging to the county. 



TOWNSHTPS AND TOWNSHIP OFFICERS. 

52. What township officers are there, generally, in a State ? 

Justices of the Peace, supervisors of roads, overseers of the poor, 
constables, and township auditors. In some of the States, there is 
in each township a township clerk, and fence viewers, and other local 
officers. 



CH. VII.] TOWNSHIP OFFICERS. 161 

Justices of the Peace. 

53. How are Justices of the Peace appointed ? 

There are generally two or more Justices of the Peace, in each 
township ; in most instances, elected by the people, for a term of 
years ; though in some States, they are appointed by the Governor. 

54. What is the nature of their powers and duties ? 

Justices of the Peace are judicial magistrates, of limited jurisdic- 
tion. Their ordinary jurisdiction is confined to criminal cases. 
They are by virtue of their offices conservators of the peace, within 
their proper townships or districts ; and may suppress riots, affrays 
and disturbances of the peace. They have authority to receive com- 
plaints and informations, generally for all criminal offences ; to issue 
their warrants and process, in the name of the State, for the arrest of 
all offenders, to take their examination and the testimony of witnesses 
in relation to the offence, and to commit them to gaol for trial before 
the proper court, or, except in capital cases and others of the highest 
grade, to admit them to bail for their appearance at the court to answer 
the charge against them. They may require sureties of the peace of 
dangerous persons, or those whom there is reasonable ground to sus- 
pect of an intention to commit a felony or any breach of the peace. 
In some of the States they have power to try and determine, and 
punish for, misdemeanors and offences of the lesser grade. They 
have, generally, power to administer oaths and affirmations , and to 
take the acknowledgement and proof of deeds, conveyances, and 
instruments of writing. There are often various duties imposed upon 
by special Acts of Assembly. And in a few States, they have con- 
ferred upon them, by statute, limited jurisdiction in civil suits at law, 
where the sum or value in controversy does not exceed a certain 
amount ; there being an appeal from their judgments to some court 
of record. Their compensation is derived from fees of office allowed 
by law ; which are included in the costs of prosecution or suit, or 
paid by the parties for whom the service is performed. 

Supervisors of roads. 

55. What officers are these ? 

There are generally in every township two or more supervisors of 
the roads and bridges ; whose duty it is to attend to the opening and 
repairing the public roads and bridges, in their respective townships ; 
and who have, for such purpose, authority to assess, levy and collect 
township taxes. They are elected by the people for one or more 
years. 

56. How are public roads, generally, authorized to be laid out. and 
opened ? 

By the proper court oi the county, upon the petition of the citizens, 
m the manner prescribed by law. 
21 



162 TOWNSHIP OFFICERS. [PART II. 

Directors of the Poor. 

57. What are their duties? 

In the several States there is provision made by law for the sup- 
port of the poor. The general system is, that every township or 
parish shall provide for its own poor; and supervisors are appointed, 
two or more in each township, by the election of the people, to 
receive the poor, and to take care of and provide for them ; being 
authorized, for that purpose, to assess, levy and collect township taxes, 
called poor rates. Provision is generally made by law for compelling 
the particular township, where a poor person had his last settlement 
by residence for a certain period and other requisites, to support him. 
In some States the poor are maintained in county Poor Houses, built 
and kept up at the expense of the counties respectively. 

Assessors. 

58. What is the nature of their duties ? 

There is generally elected for each township one or more assessors, 
whose duty it is to make a list of all the taxable persons and property 
within their townships respectively, with a valuation of their property 
and estates, and to rate and assess the county taxes thereon, and make 
returns thereof to the proper county officers. These assessments 
are also used for assessing the different township taxes. In some 
States, the enumeration of taxables, and valuation of property, for 
State taxes, and other State purposes, are, also, made by the township 
assessors. 

Collectors of taxes. 

59. Who are collectors of taxes ? 

There is generally a collector of taxes for each township, appointed 
by the trustees or commissioners of the county, or elected by the 
people ; who is empowered to receive, levy and collect, the county 
and township taxes, within the township. 

Constables. 

60. Who are constables ? 

They are civil executive officers, in every township. It is their 
duty to serve and execute all warrants, writs, and process of Justices 
of the Peace. They are peace officers, and authorized, with or with- 
out warrants from magistrates, to suppress riots, affrays and distur- 
bances of the peace ; and to arrest the offenders ; and generally to 
arrest persons guilty of felonies, crimes and misdemeanors. It is 
their duty to give information, to a Justice of the Peace or other 
proper magistrate, of any crime or offence, committed in their town- 
ships, in their knowledge ; to execute the warrants of magistrates for 
the arrest of criminals and offenders, or for committing them to gaol. 

They are required to attend the stated sessions of the ordinary 
courts of the county, and to make returns thereto of certain offences, 
and violations of the law, that may have been committed in their 
respective townships, in their knowledge ; and a certain number of 



CH. VII.] TOWNSHIP OFFICERS. 163 

constables may be selected by the courts to attend their sessions, to 
preserve order, and act as ministerial officers of the court. 

There are many other duties devolved on them by special Acts of 
Assembly, relative to elections, the roads, and various local matters 
in the townships. 

Their compensation is derived from fees, perquisites, or costs 
allowed by law ; and, in some cases, they receive daily pay from the 
county, for making their returns to the courts, and attending upon 
them at their sessions. 

There are generally elected by the people two constables for each 
township, to serve for a year, t 

School Directors. 

61. What officers are school directors? 

In those States where the common school system has been estab' 
lished, there are several school directors elected every year by the 
people for each township or school district. It is their duty to provide 
school houses, to employ teachers, and superintend the schools, as 
directed by law. 

62. What is the common school system ? 

A system by which schools are established, by law, throughout a 
State for the education of the children of all persons gratuitously; the 
schools being supported by a permanent State fund, by appropriations 
out of the State treasury, or by taxes imposed on all the people of the 
particular districts ; there being State officers appointed for the general 
superintendence of the schools, and school directors elected by the 
people of the districts respectively. 

63. In what States is there a common school system established 
by law ? 

In Massachusetts, Connecticut, New Hampshire, Vermont, Maine, 
New York, Rhode Island, Pennsylvania, Ohio, Michigan. 

Township Auditors. 

64. What officers are township auditors ? 

In some of the States, there are auditors elected by the people for 
each township, every year, to adjust and settle the accounts of Super- 
visors of Roads, Overseers of the Poor, School Directors, and other 
persons, intrusted with the receipt and expenditure of money raised 
for township purposes. 

Cities. 

65. What is a city ? 

A large town incorporated as a city by a law of the State, with 
power in its inhabitants to make bye-laws or ordinances for their gov- 
ernment in local matters, to appoint certain officers, and to levy and 
collect taxes for these purposes. 

t Sep Part the Second, chap. vi. head " Constables," 



164 CITY OFFICERS. [PART II, 

66. What officers are there, usually, in a city under its act of 
incorporation ? 

A mayor, recorder, members of city council, treasurer, high con- 
stable and assistant constables, street supervisors, watchmen, and the 
like. 

67. How is a city generally divided ? 
Into wards, and precincts. 

68. Is a city a part of the county in which it is situated? 
Yes, generally. 

69. Do the general laws of the State operate within a city ? 

Yes ; except where it is otherwise provided by a law of the State. 

70. What officers under the general laws of the State are there 
usually in a city ? 

Judges and other officers of the courts of justice ; the several 
county officers, as Sheriff, Coroner, Recorder of Deeds, Register, 
County Commissioners, County Treasurer, and County Auditors ; 
and in the wards respectively Aldermen, Constables, Asssessors of 
taxes and Collectors of taxes. 

Mayor. 

71. What officer is a mayor of a city ? 

A mayor is the chief magistrate of a city under its charter or Act 
of incorporation. He has judicial cognizance especially of prosecu- 
tions and suits for violations of the ordinances of the city. In some 
of these cases he is authorized to try and determine, and punish, by 
summary conviction ; but generally he must proceed by issuing pro- 
cess, and holding to bail or committing the offender for trial at the 
proper court, which is mostly a Mayor's Court held by himself or 
the Recorder together with a certain number of the aldermen of 
the city. 

In many of the States, the mayors of the cities are also vested, by 
statute, with the powers of conservators of the peace within their 
respective cities, and authorized to entertain complaints for offences 
at common law and under the general law of the State ; to issue 
warrants and process thereon for the arrest of the offenders, and to 
admit them to bail, or commit them to gaol, in order to their trial 
before the proper court of justice ; and in some cases to try, deter- 
mine and punish in a summary manner. 

There are, often, various incidental duties and powers appertaining, 
under statutes, to the office of a Mayor of a city ; such as taking the 
acknowledgment and proof of deeds and other instruments of writing, 
administering oaths and affirmations, performing the marriage cere- 
mony, and the like. 



CH. VII.] BOROUGH OFFICERS. 165 

Aldermen. 

72. What officers are Aldermen ? 

They are judicial magistrates in cities, having therein the same 
jurisdiction and powers which Justices of the Peace exercise in the 
several townships, under the laws of the State ; and having, also, 
cognizance of suits and prosecutions, and various powers, under the 
ordinances of the city. There is, generally, one or more aldermen 
for each ward in a city ; in some States appointed hy the Governor of 
the State, but, in most cases, elected by the people for a term of years. 
In some cities they are members of the Mayor's Court of the city. 
Their compensation is derived from fees prescribed by law. 

Boroughs. 

73. What is a borough ? 

An incorporated town, the inhabitants of which are authorized by 
its charter or act of incorporation to make bye-laws or ordinances for 
the regulation of local matters therein, to elect borough officers, and 
to assess and collect taxes for such purposes. 

74. How are towns incorporated as boroughs ? 

Generally, by an Act of the Legislature of the State. In some 
States provision is made by law for incorporating them by the courts 
of justice. 

75. What officers are there, usually, in a borough ? 

A chief burgess, assistant burgess, members of the town council, 
treasurer, town clerk, high constable, and assistant constables 

76. How is a borough generally divided ? 
Into wards. 

77. Are boroughs parts of the townships in which they are situated ? 
Yes ; except where it is otherwise provided by law. 

78. Do the general laws of the State operate within a borough ? 
Yes ; as in other parts of the township or county. 

79. What officers under the general laws of the State are there 
within a borough ? 

Justices of the Peace, Constables, Assessors and Collectors of taxes. 



THE UNITED STATES 

CONSTITUTIONAL MANUAL, 



CONSTITUTION 



OF THE 



COMMONWEALTH OF PENNSYLVANIA: 

AS APPENDED BY THE CONVENTION '©P ONE THOUSAND EIGHT HUNDRED AND 
THIRTY'SEVEN THIRTY-EIGHT. 



We, the People of the Commonwealth of Pennsylvania, ordain 
and establish this Constitution for its government. 

ARTICLE L 

Section I. The legislative power of this Commonwealth shall he 
Vested in a General Assembly, which shall consist of a Senate and 
House of Representatives. 

Sect. II. The Representatives shall be chosen annually by the 
"citizens of the city of Philadelphia and of each county respectively, 
on the second Tuesday of October, 

Sect. III. No person shall be a Representative who shall not have 
attained the age of twenty-one years, and have been a citizen and 
inhabitant of the State three years next preceding his election, and 
the last year thereof an inhabitant of the district in and for which he 
shall be chosen a Representative, unless he shall have been absent on 
the public business of the tJnited States or of this State* 

Sect. IV. Within three years after the first meeting of the Gen- 
erai Assembly, and within every subsequent term of seven years, an 
enumeration of the taxable inhabitants shall be made in such manner 
as shall be directed by law. The number of Representatives shall, 
at the several periods of making such enumeration, be fixed by the 
Legislature, and apportioned among the city of Philadelphia and the 
several counties, according to the number of taxable inhabitants in 
'each : and shall never be less than sixty nor greater than one hundred. 
Each county shall have at least one Representative, but no county 
22 



170 CONSTITUTION OF 

hereafter erected shall be entitled to a separate representation until a 
sufficient number of taxable inhabitants shall be contained within it, 
to entitle them to one Representative agreeably to the ratio which 
shall then be established. 

Sect. V. The Senators shall be chosen for three years by the 
citizens of Philadelphia and of the several counties at the same time, 
in the same manner, and at the same places where they shall vote for 
Representatives. 

Sect. VI. The number of Senators shall, at the several periods of 
making the enumeration before mentioned, be fixed by the Legislature 
and apportioned among the districts fornled as hereinafter directed, 
according to the number of taxable inhabitants in each; and shall 
never be less than one-fourth, nor greater than one-third, of the 
number of Representatives. 

Sect. VII. The Senators shall be chosen in districts, to be formed 
by the Legislature ; but no district shall be so formed as to entitle it 
to elect more than two Senators, unless the number of taxable inhabi- 
tants in any city or county shall, at any time, be such as to entitle it 
to elect more than two, but no city or county shall be entitled to elect 
more than four Senators ; when a district shall be composed of two 
or more counties, they shall be adjoining; neither the city of Phila- 
delphia nor any county shall be divided in forming a district. 

Sect. VIII. No person shall be a Senator who shall not have 
attained the age of twenty-five years, and have been a citizen and 
inhabitant of the State four years next before his election, and the last 
year thereof an inhabitant of the district for which he shall be chosen, 
unless he shall have been absent on the public business of the United 
States or of this State ; and no person elected as aforesaid, shall hold 
said office after he shall have removed from such district. 

Sect. IX. The Senators who may be elected at the first general 
election after the adoption of the amendments to the Constitution, 
shall be divided by lot into three classes. The seats of the Senators 
of the first class shall be vacated at the expiration of the first year ; 
of the second class at the expiration of the second year ; and of the 
third class at the expiration of the third year ; so that thereafter one- 
third of the whole number of Senators may be chosen every year. 
The Senators elected before the amendments to the Constitution shall 
be adopted, shall hold their offices during the terms for which they 
shall respectively have been elected. 

Sect. X. The General Assembly shall meet on the first Tuesday 
of January, in every year, unless sooner convened by the Governor. 

Sect. XI. Each House shall choose its Speaker and other officers j 
and the Senate shall also choose a Speaker pro tempore., when the 
Speaker shall exercise the office of Governor, 



PENNSYLVANIA. 1 7 1 

Sect. XII. Each House shall judge of the qualifications of its 
members. Contested elections shall be determined by a committee 
to be selected, formed and regulated in such manner as shall be 
directed by law. A majority of each House shall constitute a quorum 
to do business ; but a smaller number may adjourn from day to day, 
and may be authorized by law to compel the attendance of absent 
members, in such manner and under such penalties as may be 
provided. 

Sect. XIII. Each House may determine the rules of its proceed- 
ings, punish its members for disorderly behaviour, and, with the con- 
currence of two-thirds, expel a member, but not a second time for the 
same cause ; and shall have all other powers necessary for a branch 
of the Legislature of a free State. 

Sect. XIV. The Legislature shall not have power to enact laws, 
anulling the contract of marriage in any case where, by law, the courts 
of this Commonwealth are or may hereafter be empowered to decree 
a divorce. 

Sect. XV. Each House shall keep a journal of its proceedings, 
and publish them weekly, except such parts as may require secrecy : 
and the yeas and nays of the members on any question shall, at the 
desire of any two of them, be entered on the journals. 

Sect. XVI. The doors of each House and of committees of the 
whole shall be open, unless when the business shall be such as ought 
to be kept secret. 

Sect. XVII. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which the two Houses shall be sitting. 

Sect. XVIII. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, and paid 
out of the treasury of the Commonwealth. They shall in all cases, 
except treason, felony and breach or surety of the peace, be privileged 
from arrest during their attendance at the sessions of their respective 
Houses, and in going to and returning from the same. And for any 
speech or debate in either House, they shall not be questioned in any 
other place. 

Sect. XIX. No Senator or Representative shall, during the time 
for which he shall have been elected, be appointed to any civil office 
under this Commonwealth which shall have been created, or the 
emoluments of which shall have been increased during such time : 
and no member of Congress or other person holding any office (except 
of attorney at law and in the militia) under the United States or this 
Commonwealth, shall be a member of either House during his con- 
tinuance in Congress or in office. 

Sect. XX. When vacancies happen in either House, the Speaker 
shall issue writs of election to fill such vacancies. 



112 CONSTITUTION OF 

Sect. XXI. All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose amendments 
as in other bills. 

Sect. XXII. No money shall be drawn from the treasury but in 
consequence of appropriations made by law. 

Sect. XXIII. Every bill which shall have passed both Houses 
shall be presented to the Governor. If he approve he shall sign it, 
but if he shall not approve he shall return it with his objections to 
the House in which it shall have originated, who shall enter the 
objections at large upon their journals and proceed to re-consider it. 
If, after such re-consideration, two-thirds of that House shall agree to 
pass the bill, it shall be sent with the objections to the other House, 
by which likewise it shall be re-considered, and if approved by two- 
thirds of that House, it shall be a law. But in such cases the votes 
of both Houses shall be determined by yeas and nays, and the names 
of persons voting for or against the bill shall be entered on the jour- 
nals of each House respectively. If any bill shall not be returned 
by the Governor within ten days (Sundays excepted) after it shall 
have been presented to him, it shall be a law in like manner as if he 
had signed it, unless the General Assembly, by their adjournment, 
prevent its return, in which case it shall be a law, unless sent back 
within three days after their next meeting. 

Sect. XXIV. Every order, resolution or vote to which the con- 
currence of both Houses may be necessary (except on a question of 
adjournment) shall be presented to the Governor, and before it shall 
take effect, be approved by him, or being disapproved, shall be 
re-passed by two-thirds of both Houses according to the rules and 
limitations prescribed in case of a bill. 

Sect. XXV. No corporate body shall be hereafter created, renewed 
or extended, with banking or discounting privileges, without six 
months previous public notice of the intended application for the same 
in such manner as shall be prescribed by law. Nor shall any charter 
for the purposes aforesaid, be granted for a longer period than twenty 
years, and every such charter shall contain a clause reserving to the 
Legislature the power to alter, revoke or annul the same, whenever 
in their opinion it may be injurious to the citizens of the Common- 
wealth, in such manner, however, that no injustice shall be done to 
the corporators. No law hereafter enacted, shall create, renew or 
extend the charter of more than one corporation. 

ARTICLE II. 

Sect. I. The Supreme Executive power of this Commonwealth 
shall be vested in a Governor. 

Sect* II. The Governor shall be chosen on the second Tuesday 
of October, by the citizens of the Commonwealth, at the places 



PENNSYLVANIA. 1 73 

where they shall respectively vote for Representatives. The returns 
of every election for Governor shall be sealed up and transmitted to 
the seat of government, directed to the Speaker of the Senate, who 
shall open and publish them in the presence of the members of both 
Houses of the Legislature. The person having the highest number 
of votes shall be Governor. But if two or more shall be equal and 
highest in votes, one of them shall be chosen Governor by the joint 
vote of the members of both Houses. Contested elections shall be 
determined by a committee to be selected from both Houses of the 
Legislature, and formed and regulated in such manner as shall be 
directed by law. 

Sect. III. The Governor shall hold his office during three years 
from the third Tuesday of January next ensuing his election, and 
shall not be capable of holding it longer than six in any term of nine 
years. 

Sect. IV. He shall be at least thirty years of age, and have been 
a citizen and an inhabitant of this State seven years next before his 
election, unless he shall have been absent on the public business of 
the United States or of this State. 

Sect. V. No member of Congess or person holding any office 
under the United States or this State shall exercise the office of 
Governor. 

Sect. VI. The Governor shall at stated times receive for his 
services a compensation, which shall be neither increased nor dimin- 
ished during the period for which he shall have been elected. 

Sect. VII. He shall be commander-in-chief of the army and navy 
of this Commonwealth, and of the militia, except when they shall be 
called into the actual service of the United States. 

Sect. VIII. He shall appoint a Secretary of the Commonwealth 
during pleasure, and he shall nominate, and, by and with the advice 
and consent of the Senate, appoint all judicial officers of courts of 
record, unless Otherwise provided for in this Constitution. He shall 
have power to fill all vacancies that may happen in such judicial 
offices during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session : Provided, That 
in acting on Executive nominations the Senate shall sit with open 
doors, and in confirming or rejecting the nominations of the Gover- 
nor, the vote shall be taken by yeas and nays. 

Sect. IX. He shall have power to remit fines and forfeitures, and 
grant reprieves and pardons, except in cases of impeachment. 

Sect. X. He may require information in writing, from the officers 
in the executive department, upon any subject relating to the duties of 
their respective offices. 



174 CONSTITUTION OF 

Sect. XI. He shall, from time to time, give to the General Assem- 
bly information of the state of the Commonwealth, and recommend 
to their consideration such measures as he shall judge expedient. 

Sect. XII. He may, on extraordinary occasions, convene the 
General Assembly ; and in case of disagreement between the two 
Houses, with respect to the time of adjournment, adjourn them to 
such time as he shall think proper, not exceeding four months. 

Sect. XIII. He shall take care that the laws be faithfully executed. 

Sect. XIV. In case of the death or resignation of the Governor, 
or of his removal from office, the Speaker of the Senate shall exer- 
cise the office of Governor, until another Governor shall be duly 
qualified ; but in such case another Governor shall be chosen at the 
next annual election of Representatives, unless such death, resigna- 
tion or removal, shall occur within three calender months immediately 
preceding such next annual election, in which case a Governor shall 
be chosen at the second succeeding annual election of Representa- 
tives. And if the trial of a contested election shall continue longer 
than until the third Monday of January next ensuing the election of 
Governor, the Governor of the last year or the Speaker of the Senate 
who may be in the exercise of the executive authority, shall continue 
therein until the determination of such contested election, and until a 
Governor shall be duly qualified as aforesaid. 

Sect. XV. The Secretary of the Commonwealth shall keep a fair 
register of all the official acts and proceedings of the Governor, and 
shall, when required, lay the same and all papers, minutes and vouch- 
ers relative thereto, before either branch of the Legislature, and shall 
perform such other duties as shall be enjoined him by law. 

ARTICLE III. 

Sect. I. In elections by the citizens, every white freeman of the 
age of twenty-one years, having resided in this State one year, and 
in the election district where he offers to vote ten days immediately 
preceding such election, and within two years paid a State or county 
tax, which shall have been assessed at least ten days before the elec- 
tion, shall enjoy the rights of an elector. But a citizen of the United 
States who had previously been a qualified voter of this State, and 
removed therefrom and returned, and who shall have resided in the 
election district, and paid taxes, as aforesaid, shall be entitled to vote, 
after residing in the State six months: Provided, That white freemen, 
citizens of the United States, between the ages of twenty-one and 
twenty-two years, and having resided in the State one year, and in 
the election district ten days as aforesaid, shall be entitled to vote, 
although they shall not have paid taxes. 

Sect. II. All elections shall be by ballot, except those by persons 
in their representative capacities, who shall vote viva voce. 



PENNSYLVANIA, 1 75 

Sect. III. Electors shall in ail cases, except treason, felony, and 
breach or surety of the peace, be privileged from arrest during their 
attendance on elections, and in going to and returning from them. 

ARTICLE IV. 

Sect. I. The House of Representatives shall have the sole power 
of impeaching. 

Sect. II. All impeachments shall be tried by the Senate : when 
sitting for that purpose, the Senators shall be upon oath or affirmation. 
No person shall be convicted without the concurrence of two-thirds of 
the members present. 

Sect. III. The Governor, and all other civil officers under this 
Commonwealth, shall be liable to impeachment for any misdemeanor 
in office ; but judgment, in such cases, shall not extend further than 
to removal from office, and disqualification to hold any office of 
honour, trust or profit, under this Commonwealth : the party, whether 
convicted or acquitted, shall nevertheless be liable to indictment, trial, 
judgment, and punishment according to law. 

ARTICLE Y. 

Sect. I. The judicial power of this Commonwealth shall be vested 
in a Supreme Court, in Courts of Oyer and Terminer and General 
Gaol Delivery, in a Court of Common Pleas, Orphans' Court, 
Register's Court, and a Court of Quarter Sessions of the Peace, for 
each county ; in justices of the peace, and in such other courts as 
the Legislature may, from time to time, establish. 

Sect. II. The judges of the Supreme Court, of the several Courts 
of Common Pleas, and of such other courts of record as are or shall 
be established by law, shall be nominated by the Governor, and by 
and with the consent of the Senate appointed and commissioned by 
him. The judges of the Supreme Court shall hold their offices for 
the term of fifteen years, if they shall so long behave themselves 
well. The president judges of the several Courts of Common Pleas, 
and of such other courts of record, as are or shall be established by 
law, and all other judges required to be learned in the law, shall hold 
their offices for the term of ten years, if they shall so long behave 
themselves well. The associate judges of the Courts of Common 
Pleas shall hold their offices for the term of five years, if they shall 
so long behave themselves well. But for any reasonable cause, 
which shall not be sufficient ground of impeachment, the Governor 
may remove any of them on the address of two-thirds of each branch 
of the Legislature. The judges of the Supreme Court, and the 
presidents of the several Courts of Common Pleas, shall at stated 
times receive for their services an adequate compensation to be fixed 
by law, which shall not be diminished during their continuance in 
office, but they shall receive no fees or perquisites of office, nor holt! 
any other office of profit under this Commonwealth. 



176 CONSTITUTION OF 

Sect III. Until otherwise directed by law, the Courts of Gammon 
Pleas shall continue as at present established. Not more than five 
counties shall at any time be included in one judicial district organized 
for said courts. 

Sect. IV. The jurisdiction of the Supreme Court shall extend 
over the State ; and the judges thereof, shall, by virtue of their offices, 
be justices of Oyer and Terminer and General Gaol Delivery, in the 
several counties. 

Sect. V. The judges of the Court of Common Pleas, in each 
•county, shall, by virtue of their offices, be justices of Oyer and 
Terminer and General Gaol Delivery, for the trial of capital and 
other offenders therein; any two of the said judges, the president 
being one, shall be a quorum : but they shall not hold a Court of 
Oyer and Terminer, or Gaol Delivery, in any county, when the 
judges of the Supreme Court, or any of them, shall be sitting in the 
same county. The party accused, as well as the Commonwealth, 
may, under such regulations as shall be prescribed by law, remove 
the indictment and proceedings, or a transcript thereof, into the 
Supreme Court. 

Sect. VI. The Supreme Court, and the several Courts of Common 
Pleas, shall, beside the powers heretofore usually exercised by them, 
have the power of a Court of Chancery, so far as relates to the per- 
petuating of testimony, the obtaining of evidence from places not 
within the State, and the care of the persons and estates of those 
who are non compotes mentis. And the Legislature shall vest in the 
said courts such other powers to grant relief in equity, as shall be 
found necessary ; and may, from time to time, enlarge or diminish 
those powers, or vest them in such other courts as they shall judge 
proper for the due administration of justice. 

Sect. VII. The judges of the Court of Common Pleas of each 
county, any two of whom shall be a quorum, shall compose the Court 
of Quarter Sessions of the Peace, and Orphans' Court thereof; and 
the register of wills, together with the said judges, or any two of 
them, shall compose the Register's Court of each county. 

Sect. VIII. The judges of the Courts of Common Pleas shall, 
within their respective counties, have the like powers with the judges 
of the Supreme Court, to issue writs of certiorari to the justices of 
the peace, and to cause their proceedings to be brought before them, 
and the like right and justice to be done. 

Sect. IX. The president of the court in each circuit within such 
circuit, and the judges of the Court of Common Pleas within their 
respective counties, shall be justices of the peace, so far as relates to 
criminal matters. 

Sect. X. A. register's office for the probate of wills and granting 
letters of administration, and an office for the recording of deeds, shall 
■be kept in each county. 



PENNSYLVANIA. 177 

Sect. XI. The style of all process shall be " The Commonwealth 
of Pennsylvania." All prosecutions shall be carried on in the name 
and by the authority of the Commonwealth of Pennsylvania, and 
conclude " against the peace and dignity of the same." 

ARTICLE VI. 

Sect. I. Sheriffs and coroners shall, at the times and places of 
election of Representatives, be chosen by the citizens of each county. 
One person shall be chosen for each office, who shall be commis- 
sioned by the Governor. They shall hold their offices for three 
years, if they shall so long behave themselves well, and until a suc- 
cessor be duly qualified ; but no person shall be twice chosen or 
appointed sheriff, in any term of six years. Vacancies in either of 
the said offices shall be filled by an appointment, to be made by the 
Governor, to continue until the next general election, and until a 
successor shall be chosen and qualified as aforesaid. 

Sect. II. The freemen of this Commonwealth shall be armed, 
organized and disciplined for its defence, when and in such manner 
as may be directed by law. Those who conscientiously scruple to 
bear arms, shall not be compelled to do so, but shall pay an equivalent 
for personal service. 

Sect. III. Prothonotaries of the Supreme Court shall be appointed 
by the said court for the term of three years, if they so long behave 
themselves well. Prothonotaries and clerks of the several other 
courts, recorders of deeds, and registers of wills, shall at the times 
and places of election of Representatives, be elected by the qualified 
electors of each county, or the districts over which the jurisdiction 
of said courts extends, and shall be commissioned by the Governor. 
They shall hold their offices for three years, if they shall so long 
behave themselves well, and until their successors shall be duly 
qualified. The Legislature shall provide by law the number of 
persons in each county, who shall hold said offices, and how many 
and which of said offices shall be held by one person. Vacancies in 
any of the said offices shall be filled by appointments to be made by 
the Governor, to continue until the next general election, and until 
successors shall be elected and qualified as aforesaid. 

Sect. IV. Prothonotaries, clerks of the peace and Orphans' Courts, 
recorders of deeds, registers of wills, and sheriffs, shall keep their 
offices in the county town of the county in which they respectively 
shall be officers, unless when the Governor shall, for special reasons, 
dispense therewith, for any term not exceeding five years after the 
county shall have been erected. 

Sect. V. All commissions shall be in the name and by the authority 
of the Commonwealth of Pennsylvania, and be sealed with the State 
seal, and signed by the Governor. 
23 



|78 CONSTITUTION OF 

Sect. VI. A State Treasurer shall be elected annually, by joint 
vote of both branches of the Legislature. 

Sect. VII. Justices of the peace or aldermen shall be elected in 
the several wards, boroughs, and townships at the time of the elec- 
tion of constables by the qualified voters thereof, in such number as 
shall be directed by law, and shall be commissioned by the Governor 
for a term of five years ; but no township, ward or borough shall elect 
more than two justices of the peace or aldermen without the consent 
of a majority of the qualified electors within such township, ward or 
borough. 

Sect. VIII. All officers whose election or appointment is not pro- 
vided for in this constitution, shall be elected or appointed as shall be 
directed by law. No person shall be appointed to any office within 
any county, who shall not have been a citizen and an inhabitant 
therein one year next before his appointment, if the county shall 
have been so long erected ; but if it shall not have been so long 
erected, then within the limits of the county or counties out of which 
it shall have been taken. No member of Congress from this State, 
or any person holding or exercising any office or appointment of trust 
or profit under the United States, shall at the same time hold or exer- 
cise any office in this State, to which a salary is, or fees or perquisites 
are, by law annexed ; and the Legislature may by law declare what 
State officers are incompatible. No member of the Senate or of the 
House of Representatives shall be appointed by the Governor to any 
office during the term for which he shall have been elected. 

Sect. IX. All officers for a term of years shall hold their offices 
for the terms respectively specified, only on the condition that they 
so long behave themselves well ; and shall be removed on conviction 
of misbehaviour in office or of any infamous crime. 

Sect. X. Any person who shall, after the adoption of the amend- 
ments proposed by this Convention to the Constitution, fight a duel, 
or send a challenge for that purpose, or be aider or abettor in fighting 
a duel, shall be deprived of the right of holding any office of honour 
or profit in this State, and shall be punished otherwise in such manner 
as is, or may be, prescribed by law ; but the Executive may remit the 
said offence and all its disqualifications. 

ARTICLE VII. 

Sect. I. The Legislature shall, as soon as conveniently may be r 
provide by law, for the establishment of schools throughout the State, 
in such manner that the poor may be taught gratis. 

Sect. II. The arts and sciences shall be promoted in one or more 
seminaries of learning. 

Sect. III. The rights, privileges, immunities and estates of relig- 
ious societies and corporate bodies, shall remain as if the Constitutions 
©f this State had not been altered or amended. 



PENNSYLVANIA. 179 

Scct. IV. The Legislature shall not invest any corporate body or 
individual with the privilege of taking private property for public use, 
without requiring such corporation or individual to make compensa- 
tion to the owners of said property, or give adequate security therefor, 
before such property shall be taken. 

ARTICLE VIII. 

Members of the General Assembly, and all officers, executive and 
judicial, shall be bound by oath or affirmation to support the Constitu- 
tion of this Commonwealth, and to perform the duties of their respec- 
tive offices with fidelity. 

ARTICLE IX. 

That the general, great and essential principles of liberty and free 
government may be recognized and unalterably established, WE 
DECLARE, That 

Sect. I. All men are bora equally free and independent, and have 
certain inherent and indefeasible rights, among which are those of 
enjoying and defending life and liberty, of acquiring, possessing 
and protecting property and reputation, and of pursuing their own 
happiness. 

Sect. II. All power is inherent in the people, and all free govern- 
ments are founded on their authority, and instituted for their peace, 
safety and happiness : for the advancement of these ends they have, 
at all times, an unalienable and indefeasible right to alter, reform or 
abolish their government, in such manner as they may think proper. 

Sect. III. All men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences ; no 
man can, of right, be compelled to attend, erect, or support any place 
of worship, or to maintain any ministry against his consent; no 
human authority can, in any case whatever, control or interfere with 
the rights of conscience ; and no preference shall ever be given, by 
law, to any religious establishments or modes of worship. 

Sect. IV. No person who acknowledges the being of a God and a 
future state of rewards and punishments, shall on account of his 
religious sentiments be disqualified to hold any office or place of trust 
or profit under this Commonwealth. 

Sect. V. Elections shall be free and equal. 

Sect. VI. Trial by jury shall be as heretofore, and the right thereof 
remain inviolate. 

Sect. VII. The printing presses shall be free to every person who 
uudertakes to examine the proceedings of the Legislature," or any 
branch of government : And no law shall ever be made to restrain 
the right thereof. The free communication of thoughts and opinions 
is one of the invaluable rights of man ; and every citizen may freely 



180 CONSTITUTION OF 

speak, write and print on any subject, being responsible for the abuse 
of that liberty. In prosecutions for the publication of papers investi- 
gating the official conduct of officers, or men in a public capacity, or 
where the matter published is proper for public information, the truth 
thereof may be given in evidence : And in all indictments for libels 
the jury shall have a right to determine the law and the facts, under 
the direction of the court, as in other cases. 

Sect. VIII. The people shall be secure in their persons, houses, 
papers and possessions, from unreasonable searches and seizures : 
And no warrant to search any place, or to seize any person or things, 
shall issue, without describing them as nearly as may be, nor without 
probable cause supported by oath or affirmation. 

Sect. IX. In all criminal prosecutions, the accused hath a right to 
be heard by himself and his counsel, to demand the nature and cause 
of the accusation against him, to meet the witnesses face to face, to 
have compulsory process for obtaining witnesses in his favour, and, 
in prosecutions by indictment or information, a speedy public trial by 
an impartial jury of the vicinage: he cannot be compelled to give 
evidence against himself, nor can he be deprived of his life, liberty, 
or property, unless by the judgment of his peers or the law of the 
land. 

Sect. X. No person shall, for any indictable offence, be proceeded 
against criminally by information ; except in cases arising in the land 
or naval forces, or in the militia when in actual service in time of war 
or public danger ; or by leave of the court, for oppression and mis- 
demeanor in office. No person shall, for the same offence, be twice 
put in jeopardy of life or limb ; nor shall any man's property be 
taken or applied to public use, without the consent of his representa- 
tives, and without just compensation being made. 

Sect. XI. All courts shall be open, and every man for an injury 
done him in his lands, goods, person or reputation, shall have remedy 
by the due course of law, and right and justice administered, without 
sale, denial or delay. Suits may be brought ?~ainst the Common- 
wealth in such manner, in such courts, and in such cases, as the 
Legislature may by law direct. 

Sect. XII. No power of suspending laws shall be exercised, unless 
by the Legislature, or its authority. 

Sect. XIII. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel punishments inflicted. 

Sect. XIV. All prisoners shall be bailable by sufficient sureties, 
unless for capital offences, when the proof is evident or presumption 
great ; and the privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 



PENNSYLVANIA. 181 

Sect. XV. No commission of Oyer and Terminer or Gaol Delivery 

shall be issued. 

Sect. XVI. The person of a debtor, where there is not strong 
presumption of fraud, shall not be continued in prison, after deliver- 
ing up his estate for the benefit of his creditors, in such manner as 
shall be prescribed by law. 

Sect. XVII. No ex post facto law, nor any law impairing con- 
tracts, shall be made. 

Sect. XVIII. No person shall be attainted of treason or felony by 
the Legislature. 

Sect. XIX. No attainder shall work corruption of blood ; nor, 
except during the life of the offender, forfeiture of estate to the Com- 
monwealth ; the estates of such persons as shall destroy their own 
lives, shall descend or vest as in the case of natural death ; and if any 
person shall be killed by casualty, there shall be no forfeiture by 
reason thereof. 

Sect. XX. The citizens have a right, in a peaceable manner, to 
assemble together for their common good, and to apply to those in- 
vested with the powers of government for redress of grievances, or 
other proper purposes, by petition, address or remonstrance. 

Sect. XXI. The right of citizens to bear arms, in defence of them- 
selves and the State, shall not be questioned. 

Sect. XXII. No standing army shall, in time of peace, be kept up, 
without the consent of the Legislature ; and the military shall, in all 
cases, and at all times, be in strict subordination to the civil power. 

Sect. XXIII. No soldier shall, in time of peace, be quartered in 
any house, without the consent of the owner, nor in time of war, but 
in a manner to be prescribed by law. 

Sect. XXIV. The Legislature shall not grant any title of nobility 
or hereditary distinction, nor create any office the appointment of 
which shall be for a longer term than during good behaviour. 

Sect. XXV. Emigration from the State shall not be prohibited. 

Sect. XXVI. To guard against transgressions of the high powers 
which we have delegated, WE DECLARE, That every thing in this 
article is excepted out of the general powers of government, and shall 
for ever remain inviolate. 

ARTICLE X. 

Sect. I. Any amendment or amendments to this Constitution may 
be proposed in the Senate or House of Representatives, and if the 
same shall be agreed to by a majority of the members elected to each 
House, such proposed amendment or amendments shall be entered 
an their journals, with the yeas and nays taken thereon, and the 



182 eONSTITUTftMN UF 

Secretary of the Commonwealth shall cause the same to be published 
three months before the next election, in at least one newspaper in 
every county in which a newspaper shall be published ; and if in the 
Legislature next afterwards chosen, such proposed amendment or 
amendments shall be agreed to by a majority of the members elected 
to each House, the Secretary of the Commonwealth shall cause the 
same again to be published in manner aforesaid, and such proposed 
amendment or amendments shall be submitted to the people in such 
manner and at such time, at least three months after being so agreed 
to by the two Houses, as the Legislature shall prescribe , and if the 
people shall approve and ratify such amendment or amendments by a 
majority of the qualified voters of this State voting thereon, such 
amendment or amendments shall become a part of the Constitution ; 
but no amendment or amendments shall be submitted to the people 
oftener than once in five years : Provided, That if more than one 
amendment be submitted, they shall be submitted in such manner and 
form, that the people may vote for or against each amendment sepa- 
rately and distinctly. 

SCHEDULE, 

That no inconvenience may arise from the alterations and amend- 
ments in the Constitution of this Commonwealth, and in order to 
carry the same into complete operation, it is hereby declared and 
ordained, That 

Sect. I. All laws of this Commonwealth in force at the time when 
the said alterations and amendments in the said Constitution shall 
take effect, and not inconsistent therewith, and all rights, actions, 
prosecutions, claims and contracts, as well of individuals as of bodies 
corporate, shall continue as if the said alterations and amendments 
had not been made. 

Sect. II. The alterations and amendments in the said Constitution 
shall take effect from the first day of January, eighteen hundred and 
thirty-nine. 

Sect. III. The clauses, sections, and articles of the said Constitu- 
tion, which remain unaltered, shall continue to be construed and have 
effect as if the said Constitution had not been amended. 

Sect. IV. The General Assembly which shall convene in Decem- 
ber, eighteen hundred and thirty-eight, shall continue its session as 
heretofore, notwithstanding the provision in the eleventh section of the 
first article, and shall at all times be regarded as the first General 
Assembly under the amended Constitution. 

Sect. V. The Governor who shall be elected in October, eighteen 
hundred and thirty-eight, shall be inaugurated on the third Tuesday 
in January, eighteen hundred and thirty-nine; to which time the 
present executive term is hereby extended. 



PENNSYLVANIA. 18$ 

Sect. VI. The commissions of the judges of the Supreme Court, 
who may be in office on the first day of January next, shall expire in 
the following manner: The commission which bears the earliest date 
shall expire on the first day of January, Anno Domini one thousand 
eio-ht hundred and forty-two; the commission next dated shall expire 
on the first day of January, Anno Domini one thousand eight hundred 
and forty-five ; the commission next dated shall expire on the first day 
of January, Anno Domini one thousand eight hundred and forty-eight; 
the commission next dated shall expire on the first day of January, 
Anno Domini one thousand eight hundred and fifty-one ; and the 
commission last dated shall expire on the first day of January, Anno 
Domini one thousand eight hundred and fifty-four. 

Sect. VII. The commissions of the president judges of the seve- 
ral judicial districts, and of the associate law judges of the first 
judicial district, shall expire as follows : The commissions of one 1 - 
half of those who shall have held their offices ten years or more at 
the adoption of the amendments to the Constitution, shall expire on 
the twenty-seventh day of February, one thousand eight hundred and 
thirty-nine ; the commissions of the other half of those who shall 
have held their offices ten years or more at the adoption of the amend- 
ments to the Constitution, shall expire on the twenty-seventh day of 
February, one thousand eight hundred and forty-two ; the first half 
to embrace those whose commissions shall bear the oldest date. The 
commissions of all the remaining judges who shall not have held 
their offices for ten years at the adoption of the amendments to the 
Constitution, shall expire on the twenty-seventh day of February- 
next, after the end of ten years from the date of their commissions. 

Sect. VIII. The recorders of the several Mayors' Courts, and 
other criminal courts in this Commonwealth, shall be appointed for 
the same time, and in the same manner, as the president judges of 
the several judicial districts: of those now in office, the commission 
oldest in date shall expire on the twenty-seventh day of February, 
one thousand eight hundred and forty-one, and the others every two 
years thereafter according to their respective dates: those oldest in 
date expiring first. 

Sect. IX. The Legislature, at its first session under the amended 
Constitution, shall divide the other associate judges of the State into 
four classes. The commissions of those of the first class shall expire 
on the twenty-seventh day of February, eighteen hundred and forty; 
of those of the second class on the twenty-seventh day of February, 
eighteen hundred and forty-one ; of those of the third class on the 
twenty-seventh day of February, eighteen hundred and forty-two ; 
and those of the fourth class on the twenty-seventh day of February, 
eighteen hundred and forty-three. The said classes, from the first to 
the fourth, shall be arranged according to the seniority of the commi« 
sions of the several judges, 



1 84 CONSTITUTION OF 

Sect. X. Prothonotaries, clerks of the several courts (except of the 
Supreme Court) recorders of deeds and registers of wills, shall be 
first elected under the amended Constitution, at the election of Repre- 
sentatives in the year eighteen hundred and thirty-nine, in such 
manner as may be prescribed by law. 

Sect. XI. The appointing power shall remain as heretofore, and 
all officers in the appointment of the executive department shall con- 
tinue in the exercise of the duties of their respective offices until the 
Legislature shall pass such laws as may be required by the eighth 
section of the sixth article of the amended Constitution, and until 
appointments shall be made under such laws ; unless their commis- 
sions shall be superseded by new appointments, or shall sooner expire 
by their own limitations, or the said offices shall become vacant by 
death or resignation, and such laws shall be enacted by the first Legis- 
lature under the amended Constitution. 

Sect. XII. The first election for aldermen and justices of the peace 
shall be held in the year eighteen hundred and forty, at the time fixed 
for the election of constables. The Legislature at its first session 
under the amended Constitution shall provide for the said election and 
for subsequent similar elections. The aldermen and justices of the 
peace now in commission, or who may in the interim be appointed, 
shall continue to discharge the duties of their respective offices, until 
fifteen days after the day which shall be fixed by law for the issuing 
of new commissions, at the expiration of which time their commissions 
shall expire. 

In testimony that the foregoing is the amended Constitution of Penn- 
sylvania, as agreed to in Convention, We, the officers and members 
of the Convention, have hereunto signed our names, at Philadelphia, 
the twenty-second day of February, Anno Domini one thousand 
eight hundred and thirty-eight, and of the independence of the 
United States of America the sixty-second. 

JOHN SERGEANT, President. 
Daniel Agnew, Jacob Dillinger, W. M. Meredith, 

Wm. Ayres, Jas. Donagan, James Merrill, 

M. W. Baldwin, J. R. Donnell, Levi Merkel, 

Ephraim Banks, Joseph M. Doran, William L. Miller, 

John Y. Barclay, James Dunlop, James Montgomery, 

Jacob Barndolar, Thomas Earle, Christian Meyers, 

Chas. A. Bamitz, D. M. Farrelly, D. Nevin, 

Andrew Bedford, Robert Fleming, Wm. Overfield, 

Thos. S. Bell, Walter Forward, Hiram Payne, 

James Cornell Biddle, John Foulkrod, Matth. Pennypacker, 

Lebbeus L. Bigelow, Joseph Fry, Jr. James Pollock, 

Sam. C. Bonham, John Fuller, James Porter, 

Chas. Brown, John A. Gamble, Jas. Madison Porter, 

Jeremiah Brown, William Gearhart, Samuel A. Purviance, 



PENNSYLVANIA. 



185 



William Brown. 
Pierce Butler, 
Samuel Carey, 
George Chambers, 
John Chandler, 
Jos. R. Chandler, 
Ch. Chauncey, 
Nathaniel Clapp, 
James Clarke, 
John Clarke, 
William Clark, 
Samuel Cleavinger, 
A. J. Cline, 
Lindley Coates, 
R. E. Cochran, 
Thos. P. Cope, 
Joshua F. Cox, 
Walter Craig, 
Richard M. Crain, 
George T. Crawford, 
Cornelius Crum, 
John Cummin, 
Tho. S. Cunningham, 
"William Curll, 
William Darlington, 
Mark Darrah, 
Harmar Denny, 
John Dickey, 
Joshua Dickerson, 



Attest : 



David Gilmore, 

Virgil Grenell, 

William L. Harris, 

Thomas Hastings, 

Ezra S. Hayhurst, 

Wm. Hays, 

Abm. HelfTenstein, 

M. Henderson, 

William Henderson 

William Hiester, 

William High, 

Joseph Hopkinson^ 

John Houpt, 

Jabez Hyde, 

Chas. Jared Ingersoll, Thomas H. Sill 

Phs. Jenks, George Smith, 

George M. Keim, William Smyth, 

James Kennedy, Joseph Snively, 

Aaron Kerr, Jno. B. Sterigere, 

Joseph Konigmacher, Jacob Stickel, 



E. C. Reigart, 
A. H. Read, 
George W. Riter, 
John Ritter, 
H. Gold Rogers, 
Samuel Royer, 
James M. Russell^ 
Daniel Saeger, 
John Morin Scott, 
Tobias Sellers, 
G. Seltzer, 
George Merrill, 
Henry Scheetz, 
George Shilleto, 



Jacob Krebs, 
H. G. Long, 
David Lyons, 
Alexander Magee, 
Joel K. Mann, 
Benjamin Martin, 
John J. M'Cahen, 
E. T. M'Dowell, 
James M'Sherry, 



Eben. W. S'turdevarit* 

Thomas Tag-gait, 
Morgan J. Thomas, 
James Todd, 
Thomas Weaver, 
Jacob B. Weidman, 
R. G. White, 
George W. Woodward. 
R. Young. 



L. Fauss, 
Williams, 



S. SCHOCH, Secretary. 
Assistant Secretaries* 



24 



THE UNITED STATES 
CONSTITUTIONAL MANUAL. 



PART THE THIRD, 
Of the Government of Pennsylvania. 



CHAPTER I. 

€F THE GOVERNMENT OF PENNSYLVANIA, IN GENERAL. 

1. What is the form of government of Pennsylvania? 

A representative democracy ; the State being a republic, a 
A State, in its organized political capacity, is a government. The 
government of a country is, in general, that power in it which makes 
the laws, and carries them into effect. In a republican State, the 
powers of government being distributed among different departments, 
those departments constitute its government. 

2. Why is Pennsylvania called a " commonwealth ?" 

Because it is a government formed by the whole people, or in 
which the people rule, or have the supreme power. 

3. What is the general fundamental principle of the government ? 
That the supreme power is in the people ; or that they have a right 

to establish a government, and make laws for the regulation of their 
affairs, as they see proper. 

4. What is the principle of representation in the government ? 

It is a leading principle of the government, by which the people 
exercise their supreme power through their representatives or delegates. 

a See Part the First, chap, i, as to the different forms of government. 



188 GOVERNMENT OF [PART III. 

5. When did Pennsylvania become a free and independent State ? 

Formerly a colony of Great Britain, it became a free and indepen- 
dent State, with the other British colonies in America, by their Decla- 
ration of Independence on the fourth day of July 1776. 

Before the American revolution Pennsylvania was a colony of 
Great Britain, dependent upon, and owing allegiance to the British 
king. It was governed, in respect to its interior polity, by a colonial 
government under the patent or charter granted, in 1681, by the king 
to William Penn, its founder. This was called a Proprietary gov- 
ernment, as distinguished from those of most of the other British 
colonies, b 

After the declaration of independence on the 4th of July 1776, the 
first constitution of Pennsylvania was formed by a convention of 
delegates of the people, in September of that year. On the second 
of September 1790, another constitution was adopted; and in 1838 
the present amended constitution. 

6. How was the government of this Commonwealth established 1 c 
By the people, ordaining and establishing a written constitution for 

their government. 

7. When was the first constitution of Pennsylvania formed, under 
the present system of government of the United States 1 d 

In the year 1790. 

8. When was the present amended constitution of Pennsylvania 
adopted ? 

Formed by a convention of the delegates of the people, it was 
adopted as the Act of the people, by their direct votes, in the year 
1838. It was thus adopted by the people, at the general election in 
that year. 

9. What is the relation of this State to the government of the 
United States of America? 

The people of the United States, as individuals, form the Union, 
and are the citizens thereof; and each State, in its collective capacity, 
is represented therein, and has an important connection with it for the 
purposes of the general government, c 

10. Have the people of the State parted with a portion of their 
supreme power to the Union, by the federal constitution? 

Yes. 

b See Part the First, chap. i. p. 19. 

c See Part the First, chap, i, as to the formation of the government of the 
United States. 
d See Part the First, chap. ii. 
e See Part the First, chap. i. 



CH, I.] PENNSYLVANIA. 181) 

11. What powers, in general, have the people of the State parted 
with to the Union, so that they cannot exercise them in the State 
government ? 

All the " powers delegated to the United States," and vested in 
them exclusively, or that may be exercised by them exclusively, or 
"prohibited to the States severally," by the federal constitution. 

12. Are all the "powers not delegated to the United States," nor 
" prohibited to the States severally, by the federal constitution, reserved 
to the people of the State ? 

Yes. 

13. Can the people of the State confer upon its government "pow- 
ers prohibited to the States severally" by the federal constitution? 

No. 

14. Are all acts of the State government, or of the people, and 
laws passed by them, which are contrary to the provisions of the 
federal constitution, or the laws of Congress in pursuance thereof, 
unconstitutional and void ? \ 

Yes ; the federal constitution, and the laws of Congress passed in 
pursuance of it, are the supreme law of the land, and any law contrary 
thereto is unconstitutional and void. 

15. Is the State, then, completely sovereign ? 

No ; it is not, in reference to its relations to the Union, and to the 
federal government. 

16. Is the State sovereign and independent in the exercise of its 
powers consistently with the provisions of the constitution of the 
United States ? 

Yes. 

17. For what objects, in general, were the federal government and 
the several State governments, respectively designed ? 

The federal government was designed to unite the people of all 
the United States into one nation, for national purposes, and the State 
governments were intended to regulate, severally, their local and 
municipal affairs. / 

18. How may the provisions of the constitution of Pennsylvania 
be classified 1 

Under seven heads ; first, those which relate to the legislative 
department of the government ; secondly, those which relate to the 
executive department; thirdly, those which relate to the judicial 
department; fourthly, those which relate to elections in general, and 
to the rights and qualifications of electors ; fifthly, those which relate 
to the election and appointment of officers, their tenure of office, and 
terms of service ; sixthly, the Declaration of Rights, containing cer- 
tain general principles limiting the powers of government and defin* 



/ See Part the First, chap. 



190 GOVERNMENT OF [PART III. 

ing the rights reserved to the people ; and seventhly, those provisions 
which relate to the manner of making amendments to the constitution. 

19. Is the government of Pennsylvania, then, one of limited 
powers ? 

Yes. 

20. Are there powers prohibited to the government of the State, 
by the constitution of the State ? 

Yes. 

21. What is the rule of construction as to the powers of govern- 
ment conferred by the State constitution ? 

That the grant of powers is general, and the prohibition of them 
special. 

22. In the constitution of the State are all powers, proper and 
necessary to the government of a free State, considered to be con- 
ferred by the people on the State government, which are not expressly 
or impliedly prohibited ? 

Yes. 

23. Are the powers of the State government distributed among 
several distinct departments ? 

Yes. 

24. What are the several departments of the State government? 
The legislative department, the executive department, and the 

judicial department. 

25. What are meant by the powers of the State government ? 
The powers vested by the State constitution in all or any of the 

departments of the government. 

26. Are these departments co-ordinate branches of the State gov- 
ernment, having severally seperate powers and duties, and acting in 
their proper spheres independently of each other ? 

Yes. 

27. Are these departments so organized, and so connected in rela- 
tion to the objects of their powers, as to be constitutional checks upon 
each other, and the means of confining all of them within the limits 
of their respective functions ? 

Yes. 

" It is on the preservation of the lines which seperate the cardinal 
branches of the government, that the liberties of the citizens depend ; 
for a consolidated sovereignty, in whatever form, is a despotism in so 
far as it subjects the governed, not to prescribed rules of action, to 
which he may safely square his conduct before-hand, but to the 
unsettled will of the ruling power, which cannot be foreseen ; and a 
government becomes consolidated in proportion as its legislative 
branch, or any one of its departments, abandons its own functions, or 
ttsurps those which have been vested elsewhere. 



CH ,1.] PENNSYLVANIA. 191 

11 In the very constitution of things the whole people cannot assem- 
ble together to exercise their sovereign power in person ; and it is 
not to be regretted that they cannot, for their rule being untrammelled 
by any thing but their will, would be as arbitrary and fitful in its exer- 
cise as any other uncontrolled domination. When they delegate it to 
an undivided agency, they slip their hold on it, and in turn become 
its slaves." g 

28. Is each of these departments the representative of the people 
of the State, deriving its authority under the constitution from them 
as the source of power. 

Yes. 

29. From the nature of its duties does there belong to the judicial 
department, in the due administration of justice, the power of interpre- 
ting the State constitution, and of deciding upon the validity of the 
acts of the other departments ? 

Yes. 

30. Have the people power to alter the form of government of the 
State ? 

Yes. It is a principle of our government that the people have the 
inherent right to abolish, alter and amend the form of government at 
their pleasure. 

31. Is there a mode provided in the State constitution for altering 
or amending it ? 

Yes. Cons, of Pa. Art. X. h 

32. Are the United States bound, by the federal constitution, to 
guarantee to every State in the Union a republican form of govern- 
ment? 

Yes. 



g Opinion of Chief Justice Gibson, in 5 Watts and Sergeants' Reports, 
p. 281. 
h See, farther on, chap, iii. quest. 7, 



CHAPTER II. 

OF THE MUNICIPAL LAW OF PENNSYLVANIA, IN GENERAL. 

1. What is the municipal law a of Pennsylvania ? 

It is the law or system of rules by which the people of the com- 
monwealth is governed. 

2. How is the municipal law of Pennsylvania divided ? 
Into unwritten and written, or common and statute law. 

3. What is the common law of Pennsylvania? 

" Those principles, usages and rules, in the law, which do not rest 
for their authority upon express act of the legislature, but long custom 
and universal reception. 

" The common law of England has always been in force in this 
State, so far as is consistant with the nature of our government, and 
the principles which have always regulated the settlement of the 
country, subject to the various modifications introduced by the several 
acts of Assembly. 1 Dallas' Reports, p. 67, 144, 444." 

" Justice was at an early period administered in the province accord- 
ing to the provisions of the common law of England, though it was 
never transplanted thither in a body. It was always adjudged to be 
obligatory, so far as it was considered applicable to the new relations 
in which the people were placed. By the revolution of 1776, all 
connection between this government and Great Britain was dissolved, 
and judicial power previously existing was abrogated. By the Act 
of Assembly of the 28th January 1777, " the common law and such 
of the statutes of England as had heretofore been in force in the said 
province," with particular exceptions, were declared to be in force 
and binding on the inhabitants of the State." 1 Pa. Blacksione, p. 39. 

" The unwritten or common law includes, general customs, which 
are the universal rule throughout the State, and form the common law 
in its stricter and more usual signification ; particular customs, which 
have been recognized by judicial decisions ; and certain acts of parlia- 
ment of Great Britain in force in Pennsylvania. 

" The great and essential principles, as well as an infinite number of 
minuter particulars, constituting the rules of civil conduct, and by which 
civil rights are regulated, in courts of justice, are no where set down 
in any written statute or ordinance, but depend upon usage and the 
common law for support. This is that law, by which, for the most 

a See Part the Second, chap. ii. 



CH. II. J LAW OF PENNSYLVANIA. 193 

part, courts of justice are guided and directed, in their particular pro- 
ceedings ; the forms of their writs are regulated ; the manner of 
issuing them ; the modes of their service and return ; the manner of 
preparing for trial ; procuring witnesses ; keeping records ; the man- 
ner of conducting a trial ; and which determines the manner and form 
of acquiring and transferring property ; the solemnities and obliga- 
tions of contracts ; the rules of expounding deeds, wills, and acts of 
Assembly ; the several species of temporal offences, with the manner 
and degree of their punishment ; and a great many other particulars, 
which diffuse themselves as extensively as the ordinary distribution of 
justice requires." 1 Pa. Blackstone, p. 41. 42. 

" The acts of parliament of Great Britain made before the settle- 
ment of Pennsylvania have no force here, except in some particular 
cases by adjudications of courts and established usage ; and those 
made since the settlement of Pennsylvania have no force here except 
the colonies are expressly named therein. 1 Dallas' Reports, p. 67." 

" The law of nations always formed a part of our municipal law. 
1 Dallas' Reports, p. 114, 120." 

'• Equity principles are incorporated as part of the common law of 
the State. 1 Dallas' Reports, p. 211." 

" The best definition of common law in Pennsylvania is that referred 
to in Dallas' Reports, p. 211, viz: common right, common sense, 
common justice." 

"The principles from which these results are to be derived, are 
found in the books of reports, opinions of persons skilled in the law, 
elementary treatises, and the daily practice in courts ; in the absence 
of any positive statute, or of any decided case, sound discretion, 
governed by the principles of equity and good sense, diligently com- 
pared with analogous doctrines, must constitute the law." 1. Pa. 
Blackstone, p. 40. 

4. What is the written law of Pennsylvania? 

The written law of Pennsylvania includes, the constitution of the 
United States ; the constitution of Pennsylvania ; the acts of Con- 
gress ; the acts of the Legislature of Pennsylvania. 

The constitution of the United States, within the sphere of its 
operation, is the supreme law of the land. In the absence of the 
United States constitution, and of any act of Congress in pursuance 
of it, the constitution of the Commonwealth is the supreme law of 
the land. 

The rules to be observed with regard to the construction of statutes b 
are these : 

1. There are three points to be considered in the construction of 
all remedial statutes ; the old law, the mischief, and the remedy. 
And it is the business of judges so to construe the act as to suppress 
the mischief, and advance the remedy. 2. A statute which treats of 

b See Part the Second, chap. ii. 
25 



194 LAW OF PENNSYLVANIA. [PART III, 

things or subjects of an inferior rank cannot by any general words be 
extended to those of a. superior rank. 3. Penal statutes must be 
construed strictly. 4. Statutes against fraud are to be liberally and 
beneficially expounded. 5. One part of a statute must be construed 
by another, that the whole may if possible, stand. 6. A saving totally 
repugnant to the body of the act is void. 7. When the common law 
and a statute differ, the common law gives place to the statute ; and an 
old statute gives place to a new one. The latter part of this rule is 
understood only to take effect, when the latter statute is couched in 
negative terms, or where its matter is so clearly repugnant as neces- 
sarily to imply a negative. 8. If a statute that repeals another is 
itself repealed, the first statute is thereby repealed, without any formal 
words for that purpose. 9. Acts of the legislature derogatory to the 
power of a subsequent legislature bind not. 10. Acts of the legisla- 
ture that are impossible to be performed are of no validity : and if 
there arise out of them any absurd consequences, manifestly contrary 
to common reason they are, with regard to those consequences, void. 
II. All the acts of Congress infringing or violating the principles of 
the federal constitution are void. And all acts of the legislature of 
this Commonwealth which violate, infringe upon, or impair the federal 
constitution, or any law of the United States made in pursuance of 
it, or any treaty made under the authority of the United States, or 
which are in direct violation of the constitution of this Common- 
wealth, are not obligatory. 1. Pa. Blackstone, p. 65, et seq. 

By the Act of Assembly of the 21st of March 1806, Sect. XIII : 
In all cases where a remedy is provided, or duty enjoined, or any 
thing directed to be done, by any act or acts of Assembly of this 
commonwealth, the directions of the said Acts shall be strictly pur- 
sued, and no penalty shall be inflicted, nor any thing be done, agree- 
ably to the provisions of the common law, in such cases, further than 
is necessary for carrying such act or acts into effect. 

If a proceeding were imperfect, when the act of Assembly under 
which it began expired, it cannot be completed afterwards. 1 Watts'* 
Reports, p. 258. 

An indictment cannot be supported for an offence under a statute 

which is repealed before the prosecution was instituted, unless the 
repealing act have a saving clause. 

The expiration of a statute by its own limitation ipso facto revives 

a statute which had been repealed and supplied by it. 6 Wharton's 

Digest, p. 294. 

A subsequent statute, revising the subject matter of a former one, 

and evidently intended as a substitute for it, although it contains no ex 

press words to that effect, must operate to repeal the former statute to 

that extent to which its provisions are revised and supplied. 1 Ash- 

meaoVs Reports, p. 179. 

An Act of Assembly will not be construed to repeal by implication 

an express enactment, unless there be a clear and strong inconsistency 
'between them. 6 Watts and Sergeants' Reports, p. 209, 



CHAPTER III. 

OF THE DECLARATION OF RIGHTS OF PENNSYLVANIA. 

1. What is the declaration of Rights? 

That part of the State constitution, in which are contained certain 
general principles and provisions, in relation to the rights of the peo- 
ple, and the powers of government, is called the Declaration or Bill 
of Rights. Cons, of Pa. Art. IX. 

There are similar Declarations of Rights in the constitutions of the 
other States. And in the constitution of the United States there are 
provisions, declaring such rights, and designed to secure them, a 

2. Why was the Declaration of Rights, in the State constitution, 
made ? 

" That the general, great and essential principles of liberty and free 
government may be recognized and unalterably established." Cons, 
of Pa. Art. IX. Preamble. 

3. Of what force are these principles and provisions? 

They are binding on all the departments of government, and on 
the people, in all cases, above all other jaws of the Slate. 

4. What is the provision of the State constitution as to their force 
and authority? 

" To guard against the transgression of the high powers which we 
have delegated, we declare, that every thing in this article is ex- 
cepted out of the general powers of government, and shall forever 
remain inviolate." Cons, of Pa. Art. IX. sect. XXVI. 

Equality of rights. 

5. What is the declared principle in the State constitution as to the 
equal rights of all men ? 

" All men are born equally free and independent, and have certain 
inherent and indefeasible rights, among which are those of enjoying 
life and liberty, of acquiring, possessing and protecting property and 
reputation, and of pursuing their happiness." Cons, of Pa. Art. 
IX. sect. I. 

The same principle is avowed in the Declaration of Independence 
of the United States, of July 4, 1776. b 

a See Part the Second, chap, iii., and Part the First, chap* vii. 
b See Part the Second, chap. iii. q. 8. 9. 10. 



196 BILL OF RIGHTS [PART III. 

The supreme power of the people. 

6. What is the declared principle in the State constitution as to the 
supreme power of the people ? 

" All power is inherent in the people, and all free governments are 
founded on their authority, and instituted for their peace, safety and 
happiness ; for the advancement of these ends they have, at all times, 
an inalienable and indefeasible right to alter, reform and abolish their 
government, in such manner, as they may think proper. Cons, of 
Pa. Art. IX. sect. II. 

7. Has the constitution of the State provided a mode in which the 
power of the people to alter or amend their government may be 
exercised ? 

Yes ; it has provided that amendments to the constitution may be 
made in the manner prescribed in it. Cons, of Pa. Art. X. 

It appears that, independently of this provision, the people may, 
from their original and supreme power, determine the manner in 
which amendments to the constitution may be considered and adopted. 

As to religion and the rights of conscience. 

8. What is the declared principle in the State constitution as to the 
rights of conscience and the support of a religious establishment? 

" All men have a natural and indefeasible right to worship Almighty 
God according to the dictates of their own consciences ; no man can, 
of right, be compelled, to attend, erect, or support any place of wor- 
ship, or to maintain any ministry, against his consent ; no human 
authority can, in any case whatever, control or interfere with the 
rights of conscience ; and no preference shall ever be given, by law, 
to any religious establishments or modes of worship." Cons, of 
Pa. Art. IX. sect. III. 

9. What other provision on this subject is there in the State consti- 
tution ? 

" No person who acknowledges the being of a God and a future 
state of rewards and punishments, shall on account of his religious 
sentiments be disqualified to hold any office or place of trust or profit 
under this commonwealth." Art. IX. sect. IV. of Cons, of Pa. 

10. Are there any similar provisions in the federal constitution? 

" Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof." Cons, of U. S. 
Amendments, Art. I. 

And, " No religions test shall ever be required as a qualification to 
any office or public trust, under the United States." Cons, of V. S. 
Art. VI. 3. 

Freedom of elections. 

11. What is the provision in the Declaration of rights as to the 
freedom of elections ? 

" Elections shall be free and equal. Cons, of Pa. Art. IX. sect. V. 



CH. III.] OF PENNSYLVANIA. 197 

As to trial by jury. 

12. What is the provision in the State constitution as to the trial by- 
jury I 

" Trial by jury shall be as heretofore, and the right thereof remak 
inviolate." Art. IX. sect. VI. 

" In all criminal prosecutions, by indictment or information, the 
accused hath a right, to a speedy public trial by an impartial jury of 
the vicinage." Cons, of Pa. Art. IX. sect. IX. 

13. Are there similar provisions in the constitution of the United 
States ? 

" In all criminal prosecutions the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed." Cons, of U. S. 
Amendments, Art. VI. 

" In suits at common law, where the value in controversy exceeds 
twenty dollars, the right of trial by jury shall be preserved." Cons, 
of U. S. Amendments, Art. VII. 

Freedom of speech and of the press. 

14. What is the provision of the State constitution as to the free- 
dom of speech and of the press ? 

" The printing presses shall be free to every person who undertakes 
to examine the proceedings of the Legislature, or any branch of 
government : And no law shall ever be made to restrain the right, 
thereof. The free communication of thoughts and opinions is one 
of the invaluable rights of man ; and every citizen may freely speak, 
write and print on any subject, being responsible for the abuse of that 
liberty." Cons, of Pa. Art. IX. sect. VII. 

15. What is the provision of the State constitution as to prosecu- 
tions for libels ? 

" In prosecutions for the publication of papers investigating the 
official conduct of officers, or men in a public capacity, or where the 
matter published is proper for public information, the truth thereof 
may be given in evidence : And in all indictments for libels the jury 
shall have a right to determine the law and the facts, under the direc- 
tion of the court, as in other cases." Cons, of Pa. Art. IX. sect. VII. 

16. What is the provision of the constitution of the United States, 
on this subject? 

" Congress shall make no law ; abridging the freedom of speech 
or of the press." Cons, of U. S. Amendments, Art. I. 

Security from searches and seizures. 

17. What is the provision of the State constitution as to the secu- 
rity of the people from unreasonable searches, seizures and arrests ? 

" The people shall be secure in their persons, houses, papers and 
possessions, from all unreasonable searches and seizures : And no 
warrant to search any place, or to seize any person or things, shall 



198 BILL OF RIGHTS [PART III. 

issue, -without describing them as nearly as may be, nor without pro- 
bable cause supported by oath or affirmation." Art. IX. sect. VIII. 

18. What are the ^provisions of the federal constitution as to this 
matter ? 

" The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated ; and no warrants shall issue but on probable cause 
supported by oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized." Cons, of 
U. S. Amendments, Art. IV. 

" No person shall be deprived of life, liberty or property, without 
due process of law." Cons, of U. S. Amendments, Art. V. 

Right of the accused in criminal cases. 

19. What is the provision of the State constitution as to the right 
of the accused in criminal cases? 

" In all criminal prosecutions, the accused hath a right to be heard 
by himself and his counsel, to demand the nature and cause of the 
accusation against him, to meet the witnesses face to face, to have 
compulsory process for obtaining witnesses in his favour, and, in 
prosecutions by indictment or information, a speedy public trial by 
an impartial jury of the vicinage: he cannot be compelled to give 
evidence against himself, nor can he be deprived of his life, liberty, 
or property, unless by the judgment of his peers or the law of the 
land." Art. IX. sect. IX. 

" No person shall for the same offence be twice put in jeopardy of 
life or limb." Cons, of Pa. Art. IX. sect. X. 

There are similar provisions in the Constitution of the United 
States. Cons, of V. S. Amendments, Art. V. VI. 

20. What is the provision of the State constitution as to proceed- 
ing against criminals by " information ?" 

" No person shall, for any indictable offence, be proceeded against 
criminally by information ; except in cases arising in the land or naval 
forces, or in the militia when in actual service in time of war or public 
danger; or by leave of the court, for oppression or misdemeanor in 
office." Art. IX. sect. X. 

21. What is meant by " information" here ? 

It was a mode of accusation at common law, by information filed 
by the prosecuting officer, upon which the accused was brought to 
trial without the intervention of a grand jury. 

Security of private properly. 

22. What are the provisions of the State constitution as to the 
security of private property 1 

" Nor shall any man's property be taken or applied to public use, 
Avithout the consent of his representatives, nor without just compen- 
sation being made." Cons, of Pa. Art. IX. sect. X. 



CH. III.] OF PENNSYLVANIA. 199 

" The Legislature shall not invest any corporate body or individual 
with the privilege of taking private property for public use, without 
requiring such corporation or individual to make compensation to the 
owners of said property, or give adequate security therefor, before 
such property shall be taken." Cons, of Pa. Art. VII. sect. IV. 

"Nor shall any law impairing contracts be made." Cons, of Pa. 
Art. IX. sect. XVII. 

This provision was necessary to enable the Legislature to apply 
private property for public use, on making compensation therefor. 
The Legislature cannot take the property of one individual, with or 
without compensation, in order to give it to another. A person can- 
not be deprived of his property, Unless by the law of the land, c 

23. What is the provision of the federal constitution on this subject? 
" Nor shall private property be taken for public use, without just 

compensation." Cons, of U. S. Amendments, Art. V. 

Courts, and administration of justice. 

24. What is the provision of the State constitution as to the 
administration of justice? 

All courts shall be open, and every man for an injury done him in 
his lands, goods, person or reputation, shall have remedy by due 
course of law, and right and justice administered, without sale, denial 
or delay. Suits may be brought against the Commonwealth in such 
manner, in such courts, and in such cases, as the Legislature may by 
law direct." Cons, of Pa. Art. IX. sect. XL 

Power of suspending laws. 

25. What is the provision of the State constitution as to the power 
of suspending laws? 

" No power of suspending laws shall be exercised, unless by the 
Legislature, or its authority." Cons, of Pa. Art. IX. sect. XII. 

As to excessive fines and cruel punishments. 

26. What is the provision of the State constitution as to excessive 
fines and cruel punishments ? 

"Excessive fines shall not be imposed, nor cruel punishments 
inflicted." Cons, of Pa. Art. IX. sect. XIII. 

As to bailing prisoners. 

27. What is the provision of the State constitution as to bailing 
prisoners ? 

" All prisoners shall be bailable by sufficient sureties, unless for 
capital offences, when the proof is evident or presumption great." 
Cons, of Pa. Art. IX. sect. XIV. 

c Opinion of the Supreme Court of Pa., in Norman vs Hiest, 5 Watts arid 
' Sergeants' Reports, p. 171. 



200 BILL OF RIGHTS [PART III. 

28. What is the provision of the State constitution as to requiring 1 
excessive bail ? 

'* Excessive bail shall not be required." Cons, of Pa. Art. IX. 
sect. XIII. 

29. Are there similar provisions in the Constitution of the United 
States ? 

Yes. 

As to the writ of habeas corpus. 

30. What is the provision of the State constitution as to the writ 
of habeas corpus 1 

" The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in cases of rebellion or invasion, the public 
safety may require it." Cons, of Pa. Art. IX. sect. XIV. 

The same provision is contained in the Constitution of the United 
States. Co?is. of U. S. Art. I. sect. IX. 2. 

As to commissions of Oyer and Terminer. 

31. What is the provision of the State constitution on the subject? 
" No commission of Oyer and Terminer or Gaol Delivery shall be 

issued." Cons, of Pa. Art. IX. sect. XV. 

32. What is meant by issuing commissions of Oyer and Terminer 
and Gaol Delivery, as mentioned in that provision of the constitution? 

Issuing special commissions to persons other than the ordinary 
judges, on particular occasions, to hear, try and determine certain 
offences ; as formerly practised in England. 

Imprisonment of debtors. 

33. What is the provision of the State constitution as to the im- 
prisonment of debtors ? 

" The person of a debtor, where there is not strong presumption 
of fraud, shall not be continued in prison, after delivering up his 
estate for the benefit of his creditors, in such manner as shall be 
prescribed by law." Cons, of Pa. Art. IX. sect. XVI. 

In Pennsylvania, arrest and imprisonment for debt on contract have 
been, for the most part, abolished by Acts of Assembly. It is pro- 
vided in general, by Act of Assembly, that no person shall be arrested 
or imprisoned on civil process in any suit or proceeding for a debt 
or demand on contract express or implied ; except where, in cases of 
such debt or demand, there has been fraud in contracting the debt or 
demand, or in concealing, removing or assigning the property of the 
debtor; and except in actions for money collected by a public officer, 
or for any misconduct or neglect in office, or in any professional em- 
ployment, or on promises to marry; the Acts not to apply, also, to 
proceedings as for contempt, to enforce civil remedies. And, in all 

c As to the nature of the writ of Habeas Corpus, see First Part, chap* 
iv. p. 75. 



GH. III.] OF PENNSYLVANIA. 201 

cases, debtors may prevent their imprisonment or obtain their dis- 
charge therefrom, by complying with the terms of the Acts of Assem- 
bly for the relief of insolvent debtors. 

Ex post facto laws, 

34. What is the provision of the State constitution as to ex post 
facto laws ? 

" No ex post facto law d shall be made." Art. IX. sect. XVII. 

There is a provision in the constitution of the United States pro- 
hibiting a State from passing such a law. Cons, of U> S» Art. I. 
sect. XI. 3. 
As to laws impairing contracts. 

35. What is the provision of the State constitution as to laws im- 
pairing contracts ? 

" No law impairing contracts e shall be made." Art. IX. sect. XVII. 

36. What is the provision of the federal constitution on this subject ? 
" No State shall, pass any ex post facto law, or law impairing the 

obligation of contracts." Cons, of U. S. Art. L sect. X* 1. See 
Part the First, chap. V. 
Attainder of treason and felony. 

37. What is the provision of the State constitution as to attainder 
for treason and felony ? 

" No person shall be attainted of treason or felony by the Legisla- 
ture."/ Art. IX. sect. XVIII. 

38. What does the State constitution provide as to the effects of an 
attainder ? 

" No attainder shall work corruption of blood ; nor, except during 
the life of the offender, forfeiture of estate to the Commonwealth ; the 
estates of such persons as shall destroy their own lives, shall descend 
or vest as in the case of natural death ; and if any person shall be 
killed by casualty, there shall be no forfeiture by reason thereof." 
Cons, of Pa. Art. IX. sect. XIX. 

39. What is meant by attainder and corruption or" blood ? 
Formerly a conviction of treason or felony caused a forfeiture of 

the estate of the offender, and what was called in law an attainting or 
corrupting of his blood, so as to take away or prevent all right of 
inheritance or succession in his children or descendants. 

40. Did a conviction of felony formerly cause a forfeiture of estate ? 
Yes. And persons slaying themselves, or committing suicide^ 

were deemed in law felons, and their estates were forfeited ; and the 
estates of persons killed by casualty were also thus forfeited. 

d See the explanation of the terms, and the construction of the provi- 
sion, in Part the First, of this work, chap. iv. p. 76. 

e See explanation, Part the First, chap. v. p. 79 ; and Part the Second, 
chap. iii. v 

/ See Part the First, chap. iv. p. 75. 
26 



202 BILL OF RIGHTS [PAfcf III. 

Right of petition. 

41. What provision is there in the State constitution in regard to 
the right of petition? 

" The citizens have a right, in a peaceable manner, to assemble 
together for their common good, and to apply to those invested with 
the powers of government for redress of grievances, or other proper 
purposes, by petition, address or remonstrance." Cons, of Pa. Art. 
IX. sect. XX. 

42. What is the provision as to the right of petition in the federal 
constitution? 

44 Congress shall make no law, abridging the right of the people 
peaceably to assemble, and to petition the government for a redress of 
grievances. " Cons, of U. S. Amendments, Art. I. 

Right to bear arms. 

43. What is the provision in the State constitution as to the right 
to bear arms ? 

" The right of citizens to bear arms, in defence of themselves and 
the State, shall not be questioned." Cons, of Pa. Art. IX. sect. XXL 

The provision in the federal constitution on the subject is ; " the 
right of the people to keep and bear arms shall not be infringed." 
Cons, of U. S. Amendments, Art. II. 

As to a standing army. 

44. What provision is there in the State constitution as to a stand- 
ing army ? 

" No standing army shall, in time of peace, be kept up, without the 
consent of the Legislature." Cons, of Pa. Art. IX. sect. XXII. 

The provision on the subject in the federal constitution is ; " no 
State shall, keep troops or ships of war in time of peace." Cons, 
of U. S. Art. I. sect. X. 2. 

As to the military power. 

45. What is the provision of the State constitution as to the mili- 
tary being in subjection to the civil power? 

" And the military shall, in all cases, and at all times, be in strict 
subordination to the civil power." Cons, of Pa. Art. IX. sect. XXII t 

Quartering of soldiers. 

46. What provision is there in the State constitution as to the 
quartering of soldiers in any private house ? 

" No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a manner 
to be prescribed by law." Cons, of Pa. Art. IX. sect. XXIII. 

There is a similar provision in the federal constitution. Cons, of 
U. S. Amendments, Art. III. 



CH. III.] OF PENNSYLVANIA. 203 

No titles of nobility, 

47. What is the provision in the State constitution as to titles of 
nobility ? 

" The Legislature shall not grant any title of nobility or hereditary 
distinction." Cons, of Pa. Art. IX. sect. XXIV. 

There is a provision in the constitution of the United States ; " no 
title of nobility shall be granted by the United States." Cons, of U. 
S. Art. I. sect. IX. 7. 

Tenure of offices. 

48. What is the provision of the State constitution as to the tenure 
of offices ? 

" The Legislature shall not create any office the appointment of 
which shall be for a longer period than during good behaviour." 
Cons, of Pa. Art. IX. sect. XXIV. 

49. What other provision is there in the State constitution as to the 
manner in which offices are to be held ? 

" All officers for a term of years shall hold their offices for the 
terms respectively specified, only on the condition that they so long 
behave themselves well ; and shall be removed on conviction of mis- 
behaviour in office or of any infamous crime." Cons, of Pa. Art. 
VI. sect. IX. g 

As to emigration. 

50. What is the provision in the State constitution as to emigration ? 
" Emigration from the State shall not be prohibited." Cons, of 

Pa. Art. IX. sect. XXV. 

g See, further on, chap. vii. 



CHAPTER IV. 
OF THE LEGISLATURE OF PENNSYLVANIA. 

1. In whom is the legislative power of the Commonwealth vested? a 
** The legislative power of this Commonwealth shall be vested in 

a General Assembly, which shall consist of a Senate and House of 
Representatives." Cons, of Pa. Art. I. sect. I. 

2. Do the Senate and House of Representatives act seperately from, 
and independently of each other, in their deliberations and proceed- 
ings for the passing of laws ? 

Yes. 

3. Is it necessary that a bill should be passed by both branches of 
the Legislature, in order to its becoming a law ? 

Yes. 

SENATE. 

4. Of whom is the Senate composed ? 

" The Senators shall be chosen for three years by the citizens of 
Philadelphia and the several counties, at the same time, in the same 
manner, and in the same places where they shall vote for Represen- 
tatives." Cons, of Pa. Art. I. sect. V. 

5. What is the provision of the constitution as to the number of the 
Senators ? 

" The number of Senators shall never be less than one fourth, nor 
greater than one third, of the number of Representatives." Cons, of 
Pa. Art. I. sect. VI. 

6. How is the number of Senators to be fixed and apportioned 
among the several districts of the State ? 

The number of Senators is, at the several periods of making an 
enumeration of taxable inhabitants, within every term of seven years, 
to be fixed by the Legislature, and apportioned among districts formed 
by law, according to the number of taxable inhabitants in each district. 
Cons, of Pa. Art. I. sect. VI. 

7. How are the Senatorial districts to be formed? 

" The Senators shall be chosen in districts to be formed by the 
Legislature, but no district shall be formed so as to entitle it to elect 

a See Part the First, chap. iii. ; Part the Second, chap, iii ; and Part the 
Third, chap, i, p. 



CH. IV.] OF PENNSYLVANIA. 205 

more than two Senators, unless the number of taxable inhabitants in 
any city or county shall, at any time, be such as to entitle it to elect 
more than two, but no city or county shall be entitled to elect more 
than four Senators ; when a district shall be composed of two or more 
counties, they shall be adjoining; neither the city of Philadelphia nor 
any county shall be divided in forming a district." Cons, of Pa. 
Art. I. sect. VII. 

8. Of what number does the Senate now consist ? 
Thirty-three. 

9. What is the ratio at the present time, on which the Senators are 
appointed ? 

One Senator to every eleven thousand seven hundred and forty-six 
taxable inhabitants. 

10. Who may be a Senator? 

" No person shall be a Senator who shall not have attained the age 
of twenty-five years, and have been a citizen and inhabitant of the 
State four years next before his election, and the last year thereof an 
inhabitant of the district for which he shall be chosen, unless he shall 
have been absent on the public business of the United States or of 
this State ; and no person elected as aforesaid shall hold said office 
after he shall have removed from such district." Cons, of Pa. Art. 
I. sect. VIII. 

11. Is there one third of the number of Senators elected every 
year ? 

Yes. According to the constitution of the State, the Senators 
elected at the first election after the adoption of the constitution, were 
divided into three classes, the seats of which were to be vacated in 
one, two and three years respectively, so that thereafter one third of 
the whole number might be chosen every year. 

Power as to appointments. 

12. What is the power of the Senate as to appointments to office? 
under the constitution of the State ? 

The Governor " shall nominate, and by and with the advice and 
consent of the Senate, appoint all judicial officers of courts of record, 
unless otherwise provided for in this constitution." Cons, of Pa. 
Art. II. sect. VIII. b 

13. May the same power be vested, by Act of Assembly, in the 
Senate, with regard to the appointment of other officers, whose elec- 
tion or appointment is not otherwise provided for in the constitution 
of the State ? 

Yes. 

b See further on chap. v. 



206 LEGISLATURE [PART III. 

14. How is the Senate to act on nominations to office made by the 
Governor ? 

" In acting on such nominations the Senate shall sit with open 
doors, and in confirming or rejecting the nominations of the Gover- 
nor the votes shall be taken by yeas and nays." Cons, of Pa. Art. 
II. sect. VIII. 

Impeachments. 

15. What is the power of the Senate as to impeachments ? c 

" All impeachments shall be tried by the Senate : when sitting for 
that purpose the Senators shall be on oath or affirmation. No person 
shall be convicted without the concurrence of two thirds of the mem- 
bers present." Cons, of Pa. Art. IV. sect. II. 

16. What officers are liable to impeachment? 

" The Governor, and all other civil officers, under the Common- 
wealth, shall be liable to impeachment for any misdemeanor in office." 
Cons, of Pa. Art. IV. sect. III. 

All State officers are liable to impeachment under this provision, 
except military officers. Members of the Legislature cannot be im- 
peached. 

17. What may the punishment be on convictions by impeachment? 
"Judgment, in such case, shall not extend further than to removal 

from office, and disqualification to hold any office of honor, trust or 
profit, under this commonwealth ; the party, whether convicted or 
acquitted, shall nevertheless be liable to indictment, trial, judgment 
and punishment according to law." Cons, of Pa. Art. IV. sect. III. 

18. Who has the power to present impeachments, under the con- 
stitution? 

" The House of Representatives shall have the sole power of im- 
peaching." Cons, of Pa. Art. IV. sect. I. 



HOUSE OF REPRESENTATIVES. 

19. Of whom is the House of Representatives composed ? 

" The Representatives shall be chosen annually by the citizens of 
Philadelphia, and of each county respectively, on the second Tuesday 
of October." Cons, of Pa. Art, I. sect. II. 

20. Who may be a Representative ? 

" No person shall be a Representative who shall not have attained 
the age of twenty-five years, and have been a citize« and inhabitant 
of the State three years next preceding his election, and the last three 
years thereof an inhabitant of the district in and for which he shall 
be chosen a Representative, unless he shall have been absent on the 
public business of the United States or of this State. Cons, of Pa. 
Art. I. sect. III. 



t See Part the First, chap, hi, head " Senate," as to impeachments. 



CH IV.] OF PENNSYLVANIA. 207 

21. What is the provision of the constitution as to the number of 
members of the House of Representatives ? 

" The number shall never be less than sixty nor greater than one 
hundred." Cons, of Pa. Art. I. sect. IV. 

22. How is the number of Representatives to be fixed and appor- 
tioned among the several counties of the State ? 

Within every term of seven years an enumeration of the taxable 
inhabitants of the State shall be made; and the number of Representa- 
tives shall be fixed by the Legislature, and apportioned among the 
city of Philadelphia and the several counties, according to the num- 
ber of taxable inhabitants in each. And each county shall have at 
least one Representative. Cons, of Pa. Art. I. sect. IV. 

23. What is the provision of the constitution as to Representatives 
from counties newly erected ? 

" No county hereafter erected shall be entitled to a seperate repre- 
sentation, until a sufficient number of taxable inhabitants shall be con- 
tained within it to entitle them to one Representative, agreeably to the 
ratio which shall be then established." Cons, of Pa. Art. I. sect. IV* 

24. What is the number of Representatives as fixed by law at the 
present time ? 

One hundred. 

25. What is the ratio, at the present time, by which Representa- 
tives are apportioned ? 

One Representative to every three thousand eight hundred and 
seventy six taxable inhabitants. 

26. Must all bills for raising revenue originate in the House of. 
Representatives ? 

44 All bills for raising revenue must originate in the House of Repre- 
sentatives, but the Senate may propose amendments as in other bills."" 
Cons, of Pa. Art. I. sect. XXI. 

27. Has the House of Representatives the sole power of preferring; 
impeachments ? 

Yes. 

OF THE DUTIES, POWERS AND PRIVILEGES OF THE 
LEGISLATURE. 

The time of meeting of the Legislature. 

28. When is the Legislature required to meet ? 

44 The Legislature shall meet on the first Tuesday of January in 
every year, unless sooner convened by the governor." Cons, of Pa. 
Art. I. sect. X. 

29. What power has the governor to convene the Legislature ? 

44 He may, on extraordinary occasions, convene the General" Assem- 
bly." Cons, of Pa. Art. II. sect. XII. 



208 LEGISLATURE [PART III. 

30. May the members of the Legislature be compelled to attend 
the meetings thereof? 

" A majority of each House shall constitute a quorum to do busi- 
ness ; but a smaller number may adjourn from day to day, and may 
be authorized by law to compel the attendance of absent members, in 
such manner and under such penalties as may be provided." Cons, 
of Pa. Art. I. sect. XII. 

Adjournment of the Legislature. 

31. How may the Legislature adjourn? 

By the joint order or resolution of both Houses thereof, at any timer 

32. To what time may the Legislature adjourn? 

To any time before the next general election thereafter. 

33. What is the power of either House as to adjournment? 

" Neither House shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that in which 
the two Houses shall be sitting." Cons, of Pa. Art. I. sect. XVII. 

34. What power has the Governor to adjourn the Legislature ? 

" He may, in case of disagreement between the two Houses with 
respect to the time of adjournment, adjourn them to such time as he 
shall think proper, not exceeding four months." Cons, of Pa. Art. 
II. sect. XII. 

Privileges of members of the Legislature from arrest. 

35. What is the privilege of members of the Legislature as to 
arrest ? 

" They shall in all cases, except treason, felony, and breach or 
surety of the peace, be privileged from arrest during their attendance 
at the sessions of their respective Houses, and in going to and return- 
ing from the same." Cons, of Pa. Art. L sect. XVIII. 

36. What privilege have members of the Legislature, at common 
law, in civil suits ? 

Members of the Legislature are privileged, by law, from arrest, 
summons, citation, or other civil process, during their attendance on 
the public business confided to them. It has been so decided by our 
courts of justice. 4 Dallas' Reports, p. 107. 

Freedom of speech or debate. 

37. What is the privilege of members of the Legislature as to 
speech or debate in either House thereof? 

" For any speech or debate in either House, they shall not be ques- 
tioned in any other place." Cons, of Pa. Art. I. sect. XVIII. 

Incompatibility of offices. 

38. Can a member of the Legislature hold, at the same time, any 
©ther civil office ? 

44 No member of Congress or other person holding any office 
(except of attorney at law, and in the militia,) under the United State* 



GH. IV.] OF PENNSYLVANIA. 209 

or this Commonwealth, shall be a member of either House during 
his continaunce in Congress, or in office." Cons, of Pa. Art. I. 
sect. XIX. 

39. What is the provision of the State constitution, as to members 
of the Legislature being appointed to offices which shall have been 
created, or the emoluments thereof increased, during the time for 
which they were elected ? 

" No Senator or Representative shall, during the time for which he 
shall have been elected, be appointed to any office which shall have 
been created, or the emoluments of .which shall have been increased, 
during such time." Cons, of Pa. Jirt. I. sect. XIX. 

Compensation of the members thereof 

40. What is the provision of the State constitution as to the com- 
pensation of the members of the Legislature ? 

" The Senators and Representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the trea- 
sury of the Commonwealth." Cons, of Pa. Art. I. sect. XVIII. 

41. What is the compensation of the members of the Legislature 
at the present time ? * 

Three dollars a day during their attendance at the sessions of the 
Legislature, and fifteen cents for every mile in going to and returning 
from the same. 

The Speaker of each House receives one dollar additional for every 
day he attends upon his duty. By the Act of Assembly of April 7, 
1843, the pay of the members of the Legislature, after any session 
of the Legislature shall continue over one hundred days, shall be one 
dollar and fifty cents per day for the number of days that the Legisla- 
ture may continue in session beyond that time ; and one dollar and 
fifty cents per day for all adjourned or extra sessions, unless such 
extra session shall be convened by the proclamation of the Governor; 
no member to receive pay for any day on which he shall fail or neglect 
to attend the sessions of the House of which he is a member, unless 
his attendance shall be prevented by sickness of himself or family, 
or by the performance of duties assigned him by said House. 

SEPERATE POWERS AND DUTIES OF EACH HOUSE. 

42. What are the powers, in general, of each House ? 

" Each House shall have all the powers necessary for a branch of 
the Legislature of a free State." Cons, of Pa. Art. I. sect. XIII. • 

•As to the election and qualification of members. 

43. How are the qualifications of members of the Legislature to be 
judged of? 

"Each House shall judge of the qualifications of its members.'* 
Cons, of Pa. Art. I. sect. XII. 
26 



2 1 LEGISLATURE [PART III, 

44. How are contested elections to be determined ? 

" Contested elections shall be determined by a committee to be 
selected, formed and regulated in such manner as shall be determined 
by law." Cons, of Pa. Art. I. sect. XII. 

Vacancies. 

45. How are vacancies in either House of the Legislature to be 
supplied? 

" When vacancies happen in either House, the Speaker shall issue 
writs of election to fill such vacancies." Cons, of Pa. Art. I. 
sect. XX. * 

The person elected to fill the vacancy serves out the unexpired term 
of the person in whose place he was elected. 

As to a quorum. 

46. What number shall constitute a quorum of each House? 

" A majority of each House shall constitute a quorum to do busi- 
ness ; but a smaller number may adjourn from day to day, and may 
be authorized by law to compel the attendance of absent members, in 
such manner and under such penalties as may be provided." Cons, 
of Pa. Art. I. sect. XII. 

Election of officers. 

47. How are the officers of each House to be elected? 

" Each House shall choose its Speaker and other officers ; and the 
Senate shall choose a Speaker pro tempore, when the Speaker shall 
exercise the office of Governor." Cons' of Pa. Art. I. sect. XI. 

48. What are the usual officers of each House ? 

A speaker, as presiding officer, a secretary or clerk, a sergeant-at- 
arms, and doorkeeper, with their deputies or assistants. 

Rules of proceeding. 

49. How are rules of proceeding in each House to be determined ? 
" Each House may determine the rules of its proceedings." Cons. 

of Pa. I. Art. sect. XIII. 

Power to punish its members. 

50. What power has each House to punish its members ? 

Each House may, " punish its members for disorderly behaviour." 
Cons, of Pa. Art. I. sect. XIII. 

Expulsion of members. 

51. What is the provision of the State constitution as to expelling 
members ? 

" Each House may, with the concurrence of two-thirds, expel a 
member, but not a second time for the same cause." Cons, of Pa. 
Art. I. sect. XIII. 

Members of the Legislature cannot be removed by impeachment, d 
They may be punished by indictment for bribery, corruption or other 
misdemeanor. 

d See Part the Third, chap, iv. p, 206, 



CH. IV.] OF PENNSYLVANIA. 211 

Doors of each House to be open. 

52. What is the provision of the State constitution as to the doors 
of each House being open ? 

" The doors of each House, and of committees of the whole, shall 
be open, unless when the business shall be such as ought to be kept 
secret." Cons, of Pa. Art. I. sect. XVI. 
Journal. 

53. What is the duty of each House as to keeping a journal of its 
proceedings ? 

"Each House shall keep a journal of its proceedings, and publish 
them weekly, except such part as may require secresy." Cons, of 
Pa, Art. I. sect. XV. 

Yeas and nays. 

54. What is the provision of the State constitution as to the yeas 
and nays in each House ? 

" The yeas and nays of the members on any question shall, at the 
desire of any two of them, be entered on the journals." Cons, of 
Pa. Art. I. sect. XV. 

Contempt of either House. 

55. Has each House power to punish for contempt? 

Each House has the power, expressly given by the State constitu- 
tion, to punish its own members for misbehaviour or contempt; and 
there is an implied power in each House to commit and imprison 
other persons for contempt, as necessary for the performance of its 
duties. The imprisonment can continue no longer than the power 
that imprisons; and must terminate with the adjournment of the 
Legislature^ e 

Poiver as to proceedings of the Governor. 

56. What power has either branch of the Legislature as to the 
official acts and proceedings of the Governor? 

"The Secretary of the Commonwealth shall keep a fair register of 
all the official acts and proceedings of the Governor, and shall, when 
required, lay the same and all papers, minutes and vouchers relative 
thereto, before either branch of the Legislature." Cons, of Pa. 
Art. II. sect. XV. 
Adjournment. 

57. May each House adjourn without the consent of the Other? 

" Neither House shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that in which 
the two Houses shall be sitting." Cons, of Pa. Art. I. sect. XVII. 

e See Part the First, chap. iii. p. 48. 



212 LEGISLATURE [PART IIT. 



OF THE GENERAL DUTIES AND POWERS OF THE 
LEGISLATURE. 

58. How are the duties and powers of the Legislature, in general, 
defined ? 

By the constitution of the State. 

59. Are the powers of the Legislature limited ? 

The powers of the Legislature are limited by the Constitution of 
the State, and the constitution of the United States ; and no law can 
be passed by the Legislature contrary to the provisions in either con- 
stitution. / 

60. How are the powers of the Legislature limited by the constitu- 
tion of the United States ? 

By the express prohibitions in it of powers to the States severally, 
and to the Legislatures thereof; and by the grant of powers exclu- 
sively to Congress or the general government. / 

61. What are the powers, in general, of the Legislature as con- 
ferred by the constitution of the State ? 

Those conferred by having "vested in it the legislative power of the 
Commonwealth," and by the specific powers expressly mentioned, g 

62. What powers does the Legislature possess by there being 
" vested in it the legislative power of the Commonwealth ?" 

All the general and necessary powers of the legislature of a free 
government ; not prohibited to it by the constitution of the United 
States or of this State, nor contrary to any of the provisions thereof. 

63. What are the powers prohibited to the Legislature by the Con- 
stitution of the State ? 

Those specific powers expressly forbidden to it, and those which 
are contrary to the Declaration of Rights, or any other provision of 
the Constitution. 

Divorces by the Legislature. 

64. What is the provision of the State constitution as to the Legis- 
lature granting divorces from marriage ? 

" The Legislature shall not have power to enact laws annulling the 
contract of marriage in any case where, by law, the courts of this 
Commonwealth are or hereafter may be empowered to decree a 
divorce." Cons, of Pa. Art. I. sect, XIV. 

65. Is there any provision by law for granting divorces, in this 
State \ 

By Act of Assembly, divorces may be decreed, by the Courts of 
Common Pleas, for certain causes. 

/ See Part the First, chap, i, and Part the Second, chap. i. iv. 
g As to the incidental and implied powers of the Legislature, see Part L 
chap. iii. p, 49. 50 ; and Part ii. chap. iv. p. 138. 139. 



CH IV.] OF PENNSYLVANIA. 21 ^ 

As to revenue. 

66. What is the provision of the constitution as to bills for raising 
revenue ? 

" All bills for raising revenue shall originate in the House of Repre- 
sentatives, but the Senate may propose amendments as in other bills." 
Cons, of Pa. Art I. sect. XXI. 

Treasury, and State Treasurer. 

67. What is the provision of the Constitution as to drawing money 
from the State Treasury ? 

" No money shall be drawn from the treasury but in consequence 
of appropriations made by law." Cons, of Pa. Art. I. sect. XXII. 

68. What is the provision of the constitution as to a State Treasurer ? 
" A State Treasurer shall be elected annually, by joint vote of both 

Houses." Cons, of Pa. Art. VI. sect. VI. 

Corporations ; Banks. 

69. What is the provision of the State constitution as to corpora- 
tions and banks ? 

" No corporate body shall be hereafter created, renewed or extended, 
with banking or discounting privileges, without six months previous 
public notice of the intended application for the same, in such manner 
as shall be prescribed by law. Nor shall any charter for the purposes 
aforesaid, be granted for a longer period than twenty years, and every 
such charter shall contain a clause reserving to the Legislature the 
power to alter, revoke or annul the same, whenever in the opinion of 
the Legislature it may be injurious to the citizens of this Common- 
wealth, in such manner, however, that no injustice shall be done to 
the corporators. No law hereafter enacted shall create, renew, or 
extend the charter of more than one corporation." Cons, of Pa. 
Art. I. sect. XXV. 

Taking private property for public use. 

70. What is the provision of the constitution as to taking private 
property for public use ? 

" The Legislature shall not invest any corporate body or individual 
with the privilege of taking private property for public use, without 
requiring such corporation or individual to make compensation to the 
owners of said property, or give adequate security therefor, before 
such property shall be taken." Cons, of Pa. Art. VII. sect. IV. 

Militia. 

71. What is the provision of the State constitution as to the 
militia ? 

" The freemen of this Commonwealth shall be armed, organized 
and disciplined for its defence, when and in such manner as may be 
directed by law. Those who conscientiously scruple to bear arms, 
shall not be compelled to do so, but shall pay an equivalent for per- 
sonal service." Cons, of Pa. Art. VI. sect. II. 



214 LEGISLATURE [P ART IV. 

Schools. 

72. What duty is imposed by the State constitution on the Legis- 
lature, in regard to schools? 

" The Legislature shall, as soon as conveniently may be, provide 
for the establishment of schools throughout the State, in such manner 
that the poor may be taught gratis." Cons, of Pa. Art. VII. sect. I. 

73. Is there a system of common schools, by law, in Pennsylvania ? 
There is established, by law, a common school system, with a 

State fund ; and common schools, wherein the children of all persons 
are admitted, are supported throughout the Slate, jointly by annual 
appropriations out of the State fund and by a school tax levied and 
collected in each district. See on this subject the title Common 
School System, Part the Third, chap. X. 

74. Is there any particular provision by law for teaching the poor 
gratis ? 

By Act of Assembly it is provided, that in any district where the 
common school system has not been adopted by the citizens there 
shall be a tax levied and collected by the school directors for teaching 
the poor gratis. See the title Common School System, further on, 
chapt. X. 

Seminaries. 

75. What is the provision of the State constitution as to seminaries 
of learning? 

" The arts and sciences shall be promoted in one or more semi- 
naries of learning." Cons, of Pa. Art. VII. sect. II. 

It has been the policy of the Legislature, from the earliest period, 
to assist such institutions of learning, by appropriations of money in 
aid of their funds. See chap. X. 

Of amendments to the Constitution. 

76. What provision is there in the State constitution as to the mode 
of making amendments to it 1 

"Any amendment or amendments to this Constitution may be 
proposed in the Senate or House of Representatives, and if the same 
shall be agreed to by a majority of the members elected to each 
House, such proposed amendment or amendments shall be entered 
on their journals, with the yeas and nays taken thereon, and the 
Secretary of the Commonwealth shall cause the same to be published 
three months before the next election, in at least one newspaper in 
every county in which a newspaper shall be published ; and if in the 
Legislature next afterwards chosen, such proposed amendment or 
amendments shall be agreed to by a majority of the members elected 
to each House, the Secretary of the Commonwealth shall cause the 
same again to be published in manner aforesaid, and such proposed 
amendment or amendments shall be submitted to the people in such 
manner and at such time, at least three months after being so agreed 
to by the two Houses, as the Legislature shall prescribe , and if the 



CH. IV.] OF PENNSYLVANIA. 215 

people shall approve and ratify such amendment or amendments by a 
majority of the qualified! voters of this State voting thereon, such 
amendment or amendments shall become a part of the Constitution ; 
but no amendment or amendments shall be submitted to the people 
oftener than once in five years : Provided, That if more than one 
amendment be submitted, they shall be submitted in such manner and 
form, that the people may vote for or against each amendment sepa- 
rately and distinctly. " Cons, of Pa. Jlrt. X. h 

Of the mode of enacting laws. 

77. How may laws originate or be proposed in the Legislature ? 
All laws may originate in either House ; except, that " bills for 

raising revenue must originate in the House of Representatives." 

78. What is a bill, in the Legislature ? 

A project of a law, offered by a member or committee of either 
House, according to the rules thereof. 

89. What is the mode of proceeding in enacting a law by the 
Legislature? 

All laws must be first passed by one House, and then by the other, 
according to the rules of each House. % 

80. What number of the members of each House must agree to a 
bill or resolution before its passage ? 

A majority of the members present, a quorum attending; except 
in cases where the assent of a greater number is expressly required 
by the State constitution. 

81. How is a law finally enacted? 

" Every bill which shall have passed both Houses, shall be pre- 
sented to the Governor. If he approve he shall sign it, but if he 
shall not approve it he shall return it, with his objections, to the 
House in which it shall have originated, who shall enter the objections 
at large upon their journal and proceed to re-consider it. If, after 
such re-consideration, two thirds of that house shall agree to pass the 
bill, it shall be sent, with the objections, to the other House, by which 
it shall be likewise re-considered, and if approved of by two-thirds of 
that House, it shall become a law. But in such cases the votes of 
both Houses shall be determined by yeas and nays, and the names 
of persons voting for or against the bill shall be entered on the journals 
of each House respectively. If any bill shall not be returned by the 
Governor within ten days (Sundays excepted) after it shall have been 
presented to him, it shall be a law in like manner as if he had signed 
it, unless the General Assembly, by their adjournment, prevent its 
return, in which case it shall be a law, unless sent back within three 
days after their next meeting." Cons, of Pa. Art. I. sect. XXIII. 

h See Part the Third, chap. iii. p. 96. 
» See Part the First, chap. iii. p. 71. 



216 LEGISLATURE [PART III. 

82. Must every joint resolution or order of the two Houses of the 
Legislature be presented to the Governor for his approval or disap- 
proval ? 

" Every order, resolution or vote, to which the concurrence of both 
Houses may be necessary (except on questions of adjournment) shall 
be presented to the Governor, and before it shall take effect, be 
approved by him, or being disapproved shall be re-passed by two- 
thirds of both Houses, according to the rules and limitations pre- 
scribed in case of a bill." Cons, of Pa. Art. I. sect. XXIV. 

The Governor has not the right of a negative upon elections by the 
Legislature, as he has, in a qualified manner, upon bills passed by it. 

Of the laws passed by the Legislature. 

83. What are the laws of the Commonwealth passed by the Legis- 
lature called 1 

The Acts of the General Assembly of the State. 

84. What is a statute ? 

A statute is a written law, passed by the Legislature, and duly 
enacted. The Acts of the General Assembly of the State are its 
statutes, j 

85. When is a law to be considered as having been passed and 
enacted ? 

When it was approved by the Governor, or became a law, as pre- 
scribed by the State constitution, without his approval. 

86. What is the date of a law ? 

The day of its being approved by the Governor, or becoming a 
law. 

87. From what time does a law begin to take effect ? 

From the date of its passage, or becoming a law, unless it is other- 
wise provided in its terms. 

88. Does the latest statute repeal all former statutes so far as their 
provisions are contrary to or inconsistent with it? 

Yes. 

89. May a law which has been passed by the Legislature, and 
gone through all the forms of a law, be declared unconstitutional and 
void ? 

Yes. Any Act of Assembly, which is contrary to the provisions 
of the federal or State constitution, is void, and it may be so decided 
by the courts of justice of the State, or of the United States, exercis- 
ing their jurisdictions respectively in the administration of the law. 

90. Where are the original laws, as passed by the Legislature, 
filed and recorded ? 

In the office of the Secretary of the Commonwealth. 

I See Part the Third, chap. ii. 



CH V.] PENNSYLVANIA, 217 

91. How are the Acts of Assembly published ? 

By law, there are printed every year the Acts of Assembly of the 
same year, under the direction of the Secretary of the Commonwealth, 
for distribution to certain State and county officers ; and it is required, 
also, that they shall be published in a certain number of newspapers 
in every county. 



CHAPTER V. 



GOVERNOR OF PENNSYLVANIA. 

1. In whom is the executive power vested, in this State ? 

By the constitution, " the Supreme executive power is vested in a 
Governor." Cons, of Pa. Art. II. sect. I. He is called the Execu- 
tive, or Chief Magistrate, of the State. 

2. How is the Governor to be chosen ? 

He is to be elected by the people. "The governor shall be chosen 
on the second Tuesday of October, by the citizens of the Common- 
wealth. The returns of every election for governor shall be sealed 
up and transmitted to the seat of government, directed to the Speaker 
of the Senate, who shall open and publish them in the presence of 
the members of both houses of the Legislature. The person having 
the highest number of votes shall be governor. But if two or more 
shall be equal and highest in votes, one of them shall be chosen 
governor by the joint votes of the members of both houses." Cons, 
of Pa, Art. II. sect. II. 

" Contested elections (for governor) shall be determined by a com- 
mittee to be selected from both Houses of the Legislature, and formed 
and regulated in such manner as shall be directed by law." Cons, of 
Pa. Art. II. sect. II. See title Elections, chap. VIII, further on, in 
this work. 

Term of office. 

3. How long does the Governor hold his office ? 

Three years from the third Tuesday of January next ensuing his 
election. Cons, of Pa. Art. II. sect. III. 

Re-election. 

4. How often may the Governor be re-elected ? 

" He shall not be capable of holding it longer than six in any term 
of nine years." Cons, of Pa. Art. II. sect. III. 
27 



"218 GOVERNOR [part in. 

Qualifications for Governor. 

5. What are the qualifications for governor ? 

" He shall be at least thirty years of age, and have been a citizen 
and an inhabitant of this State seven years before his election, unless 
he shall have been absent on the public business of the United States 
or of this State." Cons, of Pa. Art. II. sect. IV. 

6. Who may not be governor ? 

" No member of Congress or person holding any office under the 
United States or this State shall exercise the office of Governor." 
Cons, of Pa. Art. II. sect. V. 

Oath. 

7. What is the oath of office of the governor of this State? 

He " shall be bound by oath or affirmation to support the constitu- 
tion of this Commonwealth and to perform the duties of his office with 
fidelity." Cons, of Pa. Art. VIII. He shall also, " be bound, by 
oath or affirmation to support" the constitution of the United States. 
Cons, of U. IS. Art. VI. 3. 

Salary. 

8. What is the provision of the Constitution as to the compensa-' 
tion of the Governor ? 

" The Governor shall at stated times receive for his services a com- 
pensation, which shall neither be increased nor diminished during the 
period for which he shall be elected." Cons, of Pa. Art. IL 
sect. VI. 

9. What is the Governor's salary at the present time, 1845 ? 
Three thousand dollars, a year. 

Military power. 

10. What is the military power of the Governor ? 

He is commander-in-chief of the army and navy of this Common- 
wealth, and of the militia, except when they shall be called into the 
actual service of the United States. Cons, of Pa. Art. II. sect. VIT„ 

11. What power has the Governor to call the militia into actual 
service ? 

The militia of this commonwealth may be called into actual service 
by the governor thereof, in case of a rebellion or of an actual or 
threatened invasion of this or any neighboring State ; but no part 
thereof shall be detained in service, at any one time, longer than three 
months, under the mere requisition of the governor without the direc- 
tion or assent of the President of the United States. Act of Assem- 
bly, of April 22, 1822, entitled "An Act for the regulation of the 
militia of this Commonwealth." 



CH. V.] OF PENNSYLVANIA. 219 

Power of appointment. 

12. What is the provision of the Constitution as to the Governor 
appointing a Secretary of the Commonwealth ? 

" He shall appoint a Secretary of the Commonwealth during plea- 
sure." Cons, of Pa. Art. II. sect. VIII. See head " Secretary of 
the Commonwealth," further on, chap. VII. 

13. What is the power of the governor, by the State constitution, 
as to appointing judges of the courts? 

" He shall nominate, and by and with the consent of the Senate, 
appoint all judicial officers of courts of record, unless otherwise pro- 
vided for in this constitution. He shall have power to fill all vacan- 
cies that may happen in such judicial offices during the recess of the 
Senate, by granting commissions which shall expire at the end of the 
next session." Cons, of Pa. Art, II. sect. VIII. 

14. Has the Governor power, by the State constitution, to make 
appointments to fill vacancies in the offices of Sheriff, Coroner, Pro- 
thonotary, Clerk of Court, Recorder and Register? 

Yes ; such appointments to continue until the next general election, 
and until successors shall be duly qualified and elected. Cons, of 
Pa. Art. VI. sect. I. III. 

15. May the Governor be authorized by Act of Assembly to 
appoint all officers whose appointment is not otherwise provided for 
in the constitution ? 

Yes. 

The Governor's power of appointment is conferred either by the 
State constitution or by Act of Assembly ; and it is to be exercised 
either by him alone, or by and with the consent of the Senate, as 
directed by the constitution or by law. An appointment made by 
him may, also, be either to continue at his pleasure, or for a term of 
years, as prescribed by the constitution or by Act of Assembly. 

He may, by the constitution, appoint the Secretary of the Common- 
wealth, and persons to supply vacancies, as above mentioned, in the 
offices of sheriff, coroner, prothonotary, clerk of court, register and 
recorder; and with the consent of the Senate judges of the several 
courts. And he is authorized by Act of Assembly, to appoint the 
Attorney General, Auditor General, Surveyor General, Adjutant 
General, Notaries Public, officers under the inspection laws, and 
some other officers. See, further on, chap. VII. 

By the constitution ; " All officers whose election or appoint- 
ment is not provided for in this constitution, shall be elected or 
appointed as shall be directed by law." Cons, of Pa. Art. VI. 
sect. VIII. The Xlth sect, of the Schedule to the constitution, pro- 
viding that " such laws shall be enacted at the first session of the 
Legislature under the amended constitution," is but directory; and 
the Legislature may pass such laws, at any time. A law, passed in 
J 843, providing for the election of Canal Commissioners by the 



220 GOVERNOR [PART III. 

people, was decided by the Supreme Court of the State, to be con- 
stitutional. 

16. Does the power of appointment imply the power to remove 
an officer, in order to fill the vacancy ? 

Yes ; except in a case where the office is to be held for a certain 
time, under the law establishing it. a 

Power of pardon and reprieve. 

17. What is the provision of the constitution as to the power of 
the Governor to grant pardons and reprieves ? 

" He shall have power to remit fines and forfeitures and to grant 
reprieves and pardons, except in cases of impeachment." Cons, of 
Pa. Art. II. sect. IX. 

18. What is a reprieve ? 

The temporary suspension of the sentence of death on a criminal. 

19. Can the Governor grant a pardon for an offence before the 
trial and conviction of the offender 1 

Yes. 

Duty as to the Legislature, b 

20. What is the duty of the Governor as to giving information to 
the Legislature ? 

" He shall, from time to time, give to the General Assembly infor- 
mation of the state of the Commonwealth, and recommend such 
measures as he shall judge expedient." Cons, of Pa. Art. II. 
sect. XI. 

This is done by communications in writing to the Legislature, 
called his messages. His annual message is usually transmitted to 
the Legislature at the beginning of every session. 

Register of his acts and proceedings. 

21. Where is there a register of his acts and proceedings to be 
kept? 

In the office of the Secretary of the Commonwealth, as required 
by the constitution. Cons, of Pa. Art. II. sect. XV. 

Power of the Legislature as to his proceedings. 

22. What power has the Legislature, by the State constitution, as 
to the official acts and proceedings of the Governor ? 

" The Secretary of the Commonwealth shall keep a fair register of 
all the official acts and proceedings of the Governor, and shall, when 
required, lay the same, and all papers, minutes and vouchers relative 
thereto, before either branch of the Legislature." Cons, of Pa. Art. 
II. sect. XV. 

a See Part the First, chap. viii. p. 94 ; and Part the Second, chap, v, 
p. 144. 

b See head Legislature, Part liL chap. iv= 



CH. V.] OF PENNSYLVANIA. 221 

Power as to the Legislature, 

23. What power has the Governor as to convening the Legislature ? 
" He may on extraordinary occasions, convene the Legislature. " 

Cons, of Pa. Art. II. sect. XII. 

24. What is his power as to adjourning the Legislature ? 

" He may in case of disagreement between the two Houses with 
respect to the time of adjournment, adjourn them to such time as he 
shall' think proper, not exceeding four months." Cons, of Pa. Art. 
II. sect. XII. 

He cannot adjourn them to meet again beyond the time of the next 
general election. 

Power as to bills of the Legislature. 

25. What is his power as to the enactment of laws ? 

This power is described under the title "Legislature," in this work. 
See above, Part the Third, chap. IV. 

Duty in general. 

26. What is the duty of the Governor as to executing the laws ? 

" He shall take care that the laws be faithfully executed." Cons. 
of Pa. Art. II. sect. XIII. 

This clause is not to be considered as, by itself, conferring any 
specific powers, not otherwise possessed by the Governor. It is 
rather to be regarded as a comprehensive description of the duty of 
the executive, to watch with vigilance over the interests of the Com- 
monwealth. The provisions of the constitution in relation to the 
Governor contain, for the most part, only general principles, indicating 
the part belonging to the executive department in the system of the 
State government, and to be carried out as directed by Act of Assem- 
bly. The particular duties and powers of the Governor, in accord- 
ance with the constitution, are prescribed by Act of Assembly. The 
same rules apply in regard to the construction of the constitutional 
powers of the executive department as to the other departments of 
the government. 

Impeachment. 

27. Is the Governor liable to impeachment for misdemeanor in 
office ? 

" The Governor, and all other civil officers under this Common- 
wealth, shall be liable to impeachment for any misdemeanor in office." 
Cons, of Pa. Art. IV. sect. III. c 

c See, as to impeachment, Part the Third, chap. iv. p. 206. 



222 GOVERNOR [PART III. 

Vacancy in the office of Governor. 

28. How are vacancies in the office of Governor to be supplied ? 
" In case of the death or resignation of the Governor, or of his 

removal from office, the Speaker of the Senate shall exercise the 
office of Governor, until another Governor shall be duly qualified ; 
but in such case, another Governor shall be chosen at the next annual 
election of Representatives, unless such death, resignation or removal, 
shall occur within three calender months immediately preceding such 
next annual election, in which case a Governor shall be chosen at the 
second succeeding annual election of Representatives. And if the 
trial of a contested election shall continue longer than until the third 
Monday of January next, ensuing the election of Governor, the 
Governor of the last year or the Speaker of the Senate who may be 
in the exercise of the executive authority, shall continue therein until 
the determination of such contested election, and until a Governor 
shall be duly qualified as aforesaid." Cons, of Pa. Art. II. sect. XIV. 

Heads of Departments. 

29. What officers are called Heads of Departments of the State 
Government ? 

The Secretary of the Commonwealth, Auditor General, State 
Treasurer, Surveyor General, and Attorney General, d 

30. May the Governor require information in writing from the 
officers in the executive department upon any subject relating to the 
duties of their respective offices? 

Yes. Cons, of Pa. Art. II. sect. X. 

d See Part the Third, chap. vii. 



CHAPTER VI. 
OF THE JUDICIARY OF PENNSYLVANIA. 

1. What is the provision in the State constitution as to the judicial 
power of the State 1 a 

" The judicial power of ihis Commonwealth shall be vested in a 
Supreme Court, in courts of Oyer and Terminer and General Gaol 
Delivery, in a Court of Common Pleas, Orphans Court, Register's 
Court, and a Court of Quarter Sessions of the Peace, for each county ; 
in Justices of the Peace ; and in such other courts as the Legislature 
may, from time to time establish." Cons, of Pa. Art. V. sect. I. 

Judges. 

2. How are the judges of the courts to be appointed? 

" The judges of the Supreme Court, of the several courts of 
Common Pleas, and of such other courts of record as are or may be 
established by law, shall be nominated by the Governor, and by and 
with the consent of the Senate appointed by him." Cons, of Pa, 
Art. V. sect. II., and Art. II. sect. VIII. 

The Governor " shall have power to fill all vacancies that may 
happen in such judicial offices during the recess of the Senate, by 
granting commissions which shall expire at the end of their next 
session." Cons, of Pa. Art. II. sect. VIIL 

Duration of office. 

3. How long do the judges of the courts hold their offices ? 

" The judges of the Supreme Court shall hold their offices for the 
term of fifteen years, if they so long behave themselves well ; the 
president judges of the courts of record, and all other judges required 
to be learned in the law, for ten years ; and the associate judges of 
the Courts of Common Pleas for five years." Cons, of Pa. Art. V* 
sect. II. 

Tenure of office. 

4. What is the tenure of the offices of the judges of courts ? 
They hold their offices for the terms prescribed, " if they so long 

behave themselves well." This is the tenure by good behaviour. 

5. How may the judges of the courts be removed from office ? 

By impeachment, for misdemeanor in office ; and '* for any reason- 
able cause which shall not be sufficient ground of impeachment, the 
Governor may remove any of them on the address of two thirds of 
each branch of the Legislature." Cons, of Pa. Art. V. sect. II. 

a See Part the First, chap. ix. ; and Part the Second, chap. vi. 



224 JUDICIARY [PART III. 

Salaries. 

6. What is the provision in the State constitution as to the com- 
pensation of the judges? 

" The judges of the Supreme Court and the presidents of the 
several Courts of Common Pleas, shall at stated times receive for their 
services an adequate compensation to be fixed by law, which shall not 
be diminished during their continuance in office, but they shall receive 
no fees or perquisites of office, nor hold any other office of profit 
under this Commonwealth." Cons, of Pa. Art. V. sect. II. 

7. What are the salaries of the judges of courts at present ? 

The salary of the Chief Justice of the State, who is the President 
of the Supreme Court, is three thousand and sixty-six dollars and 
sixty-six cents a year, and of the Associate Judges of that Court each 
twenty four hundred dollars a year, and each of those judges to 
receive four dollars for every day whilst on the circuit. The salary 
of each of the judges of the District Court for the city and county of 
Philadelphia is two thousand dollars a year; of the judge of the Dis- 
trict Court for the city and county of Lancaster two thousand dollars 
a year ; and of each of the Judges of the District Court for the county 
of Allegheny two thousand five hundred dollars a year. The salary of 
each of the judges of the Court of Common Pleas for the district of 
the county of Philadelphia is twenty six hundred dollars a year, and 
of the President Judges of the other districts two thousand dollars a 
year ; and the salary of each of the Associate Judges of the Courts of 
Common Pleas therein one hundred and forty dollars a year; the 
judges of the Courts of Common Pleas to receive, also, fifteen cents 
for every mile by them necessarily travelled in the performance of 
their duties. 

The salaries of the judges were thus fixed by law before the 14th 
day of January 1843. By an Act of Assembly of that date, the 
salaries of each of the judges of the Supreme Court were reduced 
four hundred dollars a year; of each of the judges of the courts in 
the city of Philadelphia six hundred dollars per year ; of each of the 
judges learned in the law, of the county of Allegheny five hundred 
dollars a year ; and of each of the President Judges of the other 
courts in the State four hundred dollars a year. And by an Act of 
Assembly of the 17th of April 1843, it is provided that the salary of 
the Chief Justice of the State shall be eighteen hundred dollars a 
year, and of each of the Associate Judges of the Supreme Court 
sixteen hundred dollars a year; and that the judges of that court 
shall be entitled to receive, in addition to their respective salaries, 
three dollars per day whilst on the circuit, and necessarily employed 
in holding courts, or in travelling to and from the same, to their places 
of residence, as a full allowance for travelling expenses ; this provi- 
sion to extend only to those officers who shall be thereafter appointed. 
By the last mentioned Act the salary of each Associate Judge of the 
Courts of Common Pleas, not learned in the law, was fixed at one 
hundred and twenty dollars a year. As most of the judges were 



CH. VI.] OF PENNSYLVANIA. 225 

appointed before the 14th of January 1843, whose salaries cannot, under 
the constitution, be diminished during their continuance in office, the 
salaries of the present Judges are determined, as to amount, accord- 
ing to those Acts of Assembly, by the dates of their commissions 
respectively. 

8. How are the salaries of the judges of the courts paid ? 
By the State, as provided by law. 

Incompatibility of offices. 

9. Can the Judges of the Courts hold any other offices ? 

" The judges of the Supreme Court, and the presidents of the 
several Courts of Common Pleas, shall not hold any other office of 
profit under this Commonwealth." Cons, of Pa. Jirt. V. sect. II. 

Courts. 

10. What courts are there, established by law, in this State? 
The Supreme Court of Pennsylvania ; the Courts of Common 

Pleas, Courts of Oyer and Terminer and General Gaol Delivery, 
Courts of Quarter Sessions of the Peace, in the several counties ; 
and District Courts in the cities and some of the counties. 

11. What is the provision in the State constitution as to courts of 
law, and the administration of justice ? 

" All courts shall be open ; and every man for an injury done him 
in his lands, goods, person or reputation, shall have remedy by due 
course of law, and right and justice administered, without sale, denial 
or delay." Cons, of Pa. Art. IX. sect. XI. See, also, on the 
Declaration of Rights, chap. III. Part III. 

Of the Supreme Court of Pennsylvania. 

12. How is the Supreme Court formed ? 

The Supreme Court consists of five judges, a Chief Justice and 
four Associate Judges ; the name and style whereof is the " Supreme 
Court of Pennsylvania." 

13. What is the jurisdiction of the Supreme Court? 

Its jurisdiction extends over the whole State, and is principally 
appellate. The judgments, decrees and sentences of any of the 
other courts of record in the State, in civil and criminal cases, may be 
removed into it, by writ of error or appeal, as provided by law, for 
revision and correction. It has original jurisdiction in issuing writs 
of Mandamus, Habeas Corpus, Quo Warranto, and other remedial 
writs, and in various proceedings in law, by Acts of Assembly. It 
has original jurisdiction, also, within the city and county of Philadel- 
phia, in ail civil suits, where the matter in controversy is of the value 
of five hundred dollars or more. The judges thereof have power, 
likewise, to hold a Court of Oyer and Terminer, with original juris- 
diction, in any county ; though this power is very seldom exercised. 

14. How are the sessions of the Supreme Court held, and i<^ 
business transacted ? 

28 



226 JUDICIARY [part III- 

For the purpose of holding sessions of the Supreme Court, and 
transacting its business, the Commonwealth is divided into four dis- 
tricts, the Eastern, the Western, the Northern, and the Middle ; the 
courts for which are held, respectively, in Philadelphia, Pittsburg, 
Sunbury, and Harrisburg. 

15. Is there a prothonotary for each District of the Supreme Court? 
There is a prothonotary for each District, having his office at the 

place of holding the Court therein; who is appointed by the Supreme 
Court for the term of three years, under the constitution. Cons, of 
Pa. Art. VI. sect. III. His compensation is derived from fees of 
office, fixed by law. 

16. What is the difference between appeals and writs of error? 
In general, on appeals the cases are tried and determined by the 

Supreme Court on the facts ; and on a writ of error the judgment of 
the inferior court is reviewed only on matter of law. 

17. How does the Supreme Court exercise its original jurisdiction, 
in civil suits, in the city of Philadelphia? 

In Courts of Nisi Prius, which may be held by a single judge of 
the Supreme Court ; and from which an appeal lies to the Supreme 
Court in bank, or before all or a majority of the judges thereof. 

18. Is the decision of the Supreme Court, in every case, final? 
Yes ; it is the court of the last resort ; and its decisions are final and 

conclusive in all cases, except where there is an appeal from it to the 
Supreme Court of the United States, under the federal constitution, b 
Of the Courts of Common Pleas. 

19. What are the Courts of Common Pleas? 

Courts of record, in each county, with general jurisdiction in civil 
suits and cases at law, within their respective counties. 

20. How are these courts formed ? 

Each Court of Common Pleas consists of a President Judge of the 
judicial district to which the county belongs, and two Associate 
Judges, " not learned in the law," for the county. 

21. What are judicial districts ? 

For the purpose of holding the several courts for each county, the 
State is divided into judicial districts, consisting each of not more 
*han five counties, for each of which districts there is appointed a 
President Judge, learned in the law, of the several courts in the dis- 
trict. Cons, of Pa. Art. V. sect. III. 

There are twenty-one such districts in the State. 

22. How many of the judges of the Court of Common Pleas are 
necessary to hold the court ? 

Any two of the judges, or the President alone, may hold the court 
for the transaction of business. 

b As to an appeal to the Supreme Court of the United States from the 
State courts, see Part the First, chap, ix., head " Supreme Court of U. S.' y 



CH. VI.] OF PENNSYLVANIA. 221 

23. How often are the Courts of Common Pleas held in each 
county ? 

They are held four times a year, in regular terms, and the judges 
have power to adjourn, and to appoint adjourned courts, from time to 
time, as occasion may require. 

Of Courts of Oyer and Terminer. 

24. What are the Courts of Oyer and Terminer ? 

They are courts of record, of exclusively criminal jurisdiction, in 
the several counties respectively ; composed of the judges of the 
Court of Common Pleas, of whom any two, the President being one, 
may hold the court. They are also Courts of General Gaol Delivery. 
They are held as often as ordered by the judges thereof. They have 
jurisdiction of crimes and offences generally, and exclusively of 
crimes capital, or which were formerly capital. 

25. What are capital crimes ? 
Crimes punishable with death. 

26. Can the Supreme Court hold a Court of Oyer and Terminer 
in any county ? 

Yes ; but it is seldom done, except in the city of Philadelphia. 

Courts of Quarter Sessions of the Peace. 

27. What are the Courts of Quarter Sessions of the Peace ? 
They are courts of record in the several counties, of criminal 

jurisdiction, having tognizance, concurrently with the Court of Oyer 
and Terminer and General Gaol Delivery, of all crimes and misde- 
meanors, except such crimes as now are, or formerly were, capital 
felonies. 

28. Is there a great variety of special powers, not belonging to 
their proper jurisdiction, conferred by particular Acts of Assembly 
on the Courts of Quarter Sessions of the Peace ? 

Yes ; as laying out roads, dividing townships, cases of apprentices, 
granting tavern licenses, and like matters. 

Register's Courts. 

29. What are Register's Courts ? 

Courts in each county, composed of the Register of Wills and the 
Judges of the Court of Common Pleas, or any two of them, for the. 
purpose of deciding questions as to the validity of wills, the right of 
administration on the estates of deceased intestates, and all other mat- 
ters coming before the Register, c 

30. How are disputes about matters of fact before the Register's 
Court to be decided ? 

By the Court of Common Pleas of the "proper county, on issues 
sent to that court. 



See head " Register," further on, chap. vii. 



228 JUDICIARY [part III. 

31. Can appeals be taken from the Register's Court? 

Any person aggrieved by a final sentence or decree of that court 
may appeal therefrom to the Supreme Court. 

Orphans Court. 

32. What is the Orphans Court ? 

It is a court of record held in every county ; composed of the 
Judges of the Court of Common Pleas, auy two of whom may be a 
quorum, but the Associate Judges cannot act without the President in 
cases in which his presence is requested by any party interested. 

33. What is the jurisdiction of the Orphans Court? 

Its jurisdiction relates, in general, to guardians, executors, and 
administrators, and the settlement of their accounts ; to the distribu- 
tion of the assets of decedents among their creditors, or of their 
estates among their heirs, representatives or legatees ; and to the care 
of the persons and estates of minors. 

District Courts. 

34. What are the District Courts ? 

They are courts, composed severally of one or more judges, 
learned in the law, established bylaw in the city and county of Phila- 
delphia, and in some other counties, for a limited time ; having civil 
jurisdiction in cases when the matter in controversy exceeds a certain 
amount in value. 

35. What District Courts are there now? 8 

The District Court of the city and county of Philadelphia, the 
District Court for the city and county of Lancaster, the District 
Court for the county of Allegheny, the District Court for the county 
of Lancaster, the District Court for the counties of Erie, Crawford, 
Venango and Warren. 

36. What subordinate officers of the courts of the State are there ? 

Prothonotaries of the Supreme Court, in the several districts there- 
of, and of the several Courts of Common Pleas, clerks of the other 
courts, attorneys at law, sheriffs, constables and tipstaves. 

Prothonotaries and Clerks. 

37. How are the prothonotaries and clerks of the several courts 
appointed ? 

The prothonotaries of the several districts of the Supreme Court 
^re appointed by the judges thereof, for three years ; the other pro- 
thonotaries and clerks of courts are elected by the electors of each 
.-county every three years, d Cons, of Pa. Art. VI. sect. III. 

38. What compensation do they receive for their services ? 
They receive fees for services performed, as prescribed by law. 

d See head " Prothonotaries," and " Clerk of Court," further on, chap. vii. 



CH. VI.] OF PENNSYLVANIA. 229> 

Sheriffs. 

39. Ts the sheriff of a county an officer of the several courts 
therein ? 

Yes ; and it is his duty to execute all writs, orders, judgments, 
decrees and sentences of the courts. 

40. How are sheriffs appointed ? 

A sheriff is elected in every county, by the qualified citizens there- 
of, every three years, and commissioned by the Governor, e 
Attornies at Law. 

41. What are attornies at law? 

They are persons learned in the law, admitted by the courts to 
manage causes, and to transact business therein, as the attornies or 
agents of others. 

42. Are they officers of the courts 1 %;*'j 
Yes. 

43. Do they take on oath of office ? 

Each attorney is bound by oath, " that he will support the Consti- 
tution of the United States and the constitution of this Common- 
wealth, and that he will behave himself in the office of attorney of 
the court, according to the best of his learning and ability, and with 
all good fidelity, as well to the court as to the client ; that he will use 
no falsehood, nor delay any person's cause for lucre or malice."' 

44. May attornies at law be punished by the courts for misbehavior 
in office ? 

The courts may punish them, in a summary manner, for misbe- 
haviour in office, by striking their names from the roll of attornies at 
law, by suspending them for a time from the practice of their profes- 
sion, or by fine or imprisonment. 

Attorney General of the Commonwealth. 

45. How is the Attorney General of the Commonwealth appointed? 
By the Governor. 

46. What is the nature of his duties ? 

He is the legal adviser of the Government of the State on questions 
of law, and is its attorney at law in the courts of justice; he has, 
especially, the management of all prosecutions and indictments for 
crimes and misdemeanors. All indictments are presented in his name, 
and signed by him or in his name. He also, generally, acts as attor- 
ney at law for the Commonwealth, as such, in all civil suits in which 
it is interested. 

47. How are persons prosecuted for criminal offences ? 

All criminal offences are considered as " against the peace and 
dignity of the Commonwealth," and persons guilty thereof are pro- 
secuted in the name and behalf of the Commonwealth. 



e See head "Sheriff," further on, chap. vii. 



230 JUDICIARY [PART III. 

48. How are prosecntions and indictments for criminal offences 
conducted, on the part of the Commonwealth, before the several courts 
of justice throughout the State? 

By the Attorney General, and his deputies. 

49. What power has the Attorney General as to the appointment 
of deputies ? 

He can appoint deputies, and remove them from office, at his dis- 
cretion. He has, generally, a Deputy in each county, called the 
prosecuting attorney. 

50. What compensation does the Attorney General receive ? 

He has a fixed salary, per annum, paid by the State ; and he, and 
his Deputies, receive perquisites and fees prescribed by law, generally 
in the costs on prosecutions or indictments, d 

Of jurors. 

51. What are the provisions of the constitution of the United 
'States as to the trial by jury ? 

" In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be as hereto- 
fore." Amendments to Cons, of U. S. Art. VII. "In all criminal 
prosecutions, the accused shall enjoy the light to a speedy and public 
trial, by an impartial jury of the State and district wherein the crime 
shall have been committed, which district shall have been previously 
ascertained by law." Amendments to Cons, of U. S. Art. VI. 

52. What is the provision of the constitution of the State as to the 
trial by jury? 

" Trial by jury shall be as heretofore, and the right thereof remain 
inviolate." Cons, of Pa. Art. IX. sect. VI. "In all criminal 
prosecutions, the accused hath a right, in prosecutions by indict- 
ment or information, to a speedy public trial by an impartial jury of 
the vicinage ; he cannot be deprived of his life, liberty or property, 
unless by the judgment of his peers or the law of the land." Cons, 
of Pa. Art. IX. sect. IX. e 

53. How are the jurors for the several courts in each county 
selected 1 

The Commissioners and Sheriff of the county are required to 
select from the lists of the taxables of the county, previously returned 
by the Assessors of the several townships, the names of a sufficient 
number of sober, intelligent and judicious citizens to serve as jurors 
for the courts of the county to be held during the following year ; 
these names are placed in a wheel ; and before the time of holding 
every court, the county commissioners and sheriff on the order of the 
judges of the court, are to draw by lot from the wheel the names 
of the number of jurors directed for that court, who are to be sum- 
moned by the Sheriff to attend the court, and from the names of 



r Fee Fart the First, chap, vii. 

p 7 $ee head " Attorney General," further on, chap. vii. 



CH. VI.] OF PENNSYLVANIA, 231 

whom twelve persons are to be drawn by lot by the Prothonotary or 
Clerk of the court for the trial of each cause or suit. 

54. What different kinds of jurors are there ? 
Grand jurors, and traverse or petit jurors. 

55. What are grand jurors ? 

The grand jury is a body of men, selected according to law, which 
is called the Grand Inquest of the Commonwealth for the proper 
county, before whom all bills of indictment must be laid, and without 
whose approval of them, on hearing the evidence on the part of the 
prosecution, an accused person cannot be put on his trial ; and the 
nature of whose powers and duties is indicated by the following oath 
which they take, viz : " you do swear (or affirm) that as members of 

the Grand Inquest of the county of , you will diligently 

inquire and true presentment make as well of all such matters and 
things as shall be given you in charge, as of those things you shall 
know to be presentable here ; the Commonwealth's council, your 
fellow's, and your own, you shall keep secret; you shall present no 
person for envy, malice, hatred, or ill-will ; neither shall you leave 
any one unpresented through fear, favor, affection, reward, gain, or 
any hope threof ; but you shall present all things truly, as they come 
to your knowledge, to the best of your understanding and belief." 

There are powers and duties, also, imposed upon them by special 
Acts of Assembly ; such as examining and reporting upon the State 
of the public buildings of the county, the condition and treatment of 
the prisoners in the county goal, and of persons in the poor house ; 
approving or disapproving of the construction of county bridges ; and 
in relation to like matters. 

56. How are grand jurors selected? 

At the drawing of jurors by the Commissioners and Sheriff of the 
county before the holding of every court of Oyer and Terminer and 
Quarter Sessions of the Peace, the twenty-four names first drawn 
from the wheel, as directed by law, are the names of the persons to 
be summoned as grand jurors for that court ; any number of whom 
not less than twelve nor more than twenty-three may be sworn as the 
grand jury. 

57. How is the finding or decision of the Grand Jury, on a bill of 
indictment, indicated? 

By their foreman's endorsing on the bill of indictment the words 
"a true bill," or "not a true bill" or "ignoramus," with his name 
signed thereto. 

58. What number of the grand jury must agree in order to the 
finding of a " true bill ?" 

At least twelve of their number. 

59. What are traverse or petit jurors? 

The jurors sworn to try a cause or suit before the court,- on the 
issues between the parties. 



SS8 JUDICIARY [PART III. 

When so sworn, they are said to be impannclled in that suit or case. 
The whole number of jurors summoned for any term of a court is the 
general panel. 

60. Do the jurors receive any pay for their attendance at court? 
They are paid" each a dollar a day, and mileage, out of the county 

treasury. 

Justices of the Peace, and Aldermen. 

61. What officers are Justices of the Peace? 

They are judicial officers and magistrates, in each township, 
borough, and ward. Their proper jurisdiction,^ appointed to "keep 
the peace," relates to criminal matters, having power to take complaints, 
and to arrest and to hold to bail, or to commit to gaol, in order to trial 
in the proper court, in general for all crimes and offences ; and they 
are authorized to punish, by fine and imprisonment, on summary con- 
viction, for particular misdemeanors. They are authorized to admin- 
ister oaths and affirmations ; to take the proof and acknowlegement 
of deeds, indentures of apprenticeship, and other instruments of 
writing', and to perform the ceremony of marriage. They are also 
vested, by special Acts of Assembly, with jurisdiction to try and 
determine civil suits, where the demand does not exceed a hundred 
dollars ; appeals being allowed, in the manner directed by law, from 
their judgments, to the Courts of Common Pleas, and their proceed- 
ings being subject to review and correction, in reference to matters 
of law, on writs of Certiorari from those courts. They have 
various other powers and duties imposed on them by special Acts of 
Assembly. / 

62. How are the Justices of the Peace and Aldermen appointed ? 
" Justices of the Peace or Aldermen shall be elected in the several 

wards, boroughs and townships, at the time of the election of consta- 
bles by the qualified voters thereof, in such number as shall be directed 
by law, and shall be commissioned by the Governor for the term of 
five years ; but no township, ward or borough shall elect more than 
two Justices of the Peace or Aldermen, without the consent of a 
majority of the qualified electors within such township, borough or 
ward." Cons, of Pa. Art. VI. sect. VII. 

63. Have there been Acts of Assembly passed, directing the num- 
ber of Justices of the Peace and Aldermen to be elected, and the 
manner of their election, in each township, ward and borough ? 

Yes. They provide that there shall be elected, by the qualified 
voters of the respective townships, wards and boroughs, every five 
years, at the times and places fixed for holding elections of constables 
therein, two Justices of the Peace in each township, and in each 
ward of a borough, and two Aldermen in each ward of a city, except 
in the city of Philadelphia, and the incorporated districts of the 
c ounty of Philadelphia, where one Alderman shall be elected for each 

/ See, farther on, head " Justices of the Peace," chap. vii. 



CH. VI.] OF PENNSYLVANIA. 233 

ward ; and an additional number of Justices or Aldermen, not exceed- 
ing two, in each township, ward or borough, when the electors thereof 
shall so determine by their votes in the manner prescribed. 

64. What officers are Aldermen ? 

They are judicial officers and magistrates, elected and commis- 
sioned, in the manner above mentioned, for each ward of the cities, 
having the same jurisdiction within their wards respectively that 
Justices of the Peace have within their townships, wards or boroughs ; 
with cognizance, also, especially of prosecutions and suits for the 
violation of the ordinances of the cities, and with duties and authority 
in a great many matters and proceedings under them. 

65. Does the jurisdiction of a Justice of the Peace extend through* 
out the county in which he resides ? 

Yes ; though he can only act within his proper township or ward, 
he has cognizance of matters, under their jurisdiction, occurring any 
where within the county, and his process may be executed any where 
within it. 

66. Does the jurisdiction of Aldermen extend throughout their 
cities respectively 1 

They must reside, and act, only, in their proper wards ; but they 
have cognizance of all matters, under their jurisdiction, occurring and 
transacted within the cities respectively, and their warrants, writs and 
process may be served and executed any where within them. 

67. What compensation do Justices of the Peace and Aldermen 
receive for their services ? 

They receive for their services, and duties performed, fees fixed by- 
law ; which are taxed and recovered as costs in the prosecutions and 
suits before them, or paid by the persons for whom the services are 
performed. 

Constables. 

68. How are constables appointed ? 

There are two constables elected every year, by the people, for 
each township, borough and ward, g 

69. What are their powers and duties, in general ? 

As executive officers of the law, they have authority " to keep the 
peace," and to arrest all offenders, in their proper districts ; they are 
obliged to execute warrants, writs and process of Justices of the 
Peace ; and various duties are imposed on them by special Acts of 
Assembly. 

g See, further on, head "Constables," chap. vii. 
29 



234 'judiciary of Pennsylvania [fart hi. 

70. What are their duties in relation to the courts of justice ? 
They are required to attend the regular terms of the Court of 

Quarter Sessions of the Peace of the county, in order to make return 
of any offences committed within their townships, boroughs or wards ;. 
and a certain number of them may be selected by the courts to attend 
during the sittings thereof, for the purpose of preserving order, enforc- 
ing the rules of the court, and executing its commands and process. 

71. What compensation do constables receive for their services? 
They are allowed fees for specific services, as prescribed by law ; 

and they receive from the county daily pay for their attendance upon 
the courts, and a fixed compensation for the performance of some 
other duties required of them by Acts of Assembly. 

Tipstaves. 

72. What are tipstaves ? 

The several courts are authorized to appoint tipstaves to attend upon 
them, to act as subordinate executive officers thereof, in preserving 
order, enforcing the rules of the courts, and executing their process. 
They receive from the county a fixed sum for each days' attendance 
at the courts. 



CHAPTER VII. 

OF THE STATE, ITS CITIZENS AND OFFICERS ; AND COUNTIES 

AND TOWNSHIPS, CITIES AND BOROUGHS,. AND THE 

OFFICERS THEREOF. 

1 . Is the State a political body ? 

The State as an organized government is a political body. It is 
considered in law as a public municipal body, in the nature of a 
corporation, a 

The State may sue, and, in certain cases, under the federal consti- 
tution, and the laws of the State, it may be sued. The State cannot 
be sued by its own citizens, or by those of another State, or of a 
foreign country, except as provided by the laws of the State. 

State seal. 

2. Is there a State seal ? 

Yes. There is the great seal, and the lesser seal of the State. 
They are kept in the office of the Secretary of the Commonwealth, 
and used to seal commissions, and other public documents, issued in 
the name and by the authority of the State, b Cons, of Pa. Art. VI. 
sect. V. 
Prosecutions. 

3. How are all prosecutions to be carried on ? 

" All prosecutions shall be carried on in the name and by the autho- 
rity of the Commonwealth of Pennsylvania, and conclude " against 
the peace and dignity of the same." Cons, of Pa. Art. V. sect. XI. 

Prosecutions are charges, proceedings, informations and indictments, 
in law, for crimes and misdemeanors. 

Process. 

4. What must be the style of all process, by the constitution ? 
The style of all process shall be " The Commonwealth of Penn- 
sylvania." Cons, of Pa. Art. V. sect. XI. 

Citizens of the State. 

5. Who are citizens of the State ? 

The free inhabitants of the State, born within the United States, 
or naturalized under the Acts of Congress, c As to the right of 
suffrage, or of voting at elections, see, further on, chapter VIII. 

a See head " Corporations," Part the Second, chap. ii. p. 121. 
b See head " Secretary of the Commonwealth," further on, in this chap. 
c See further on, p. 236 ques. 11 ; and as to the naturalization of aliens, 
see Part the First, chap. iii. p. 57, 58. 



236 CITIZENS OF THE STATE. [PART IIL 

6. How may the inhabitants of the State be divided ? 
Into citizens of the United States, or aliens, d 

Aliens. 

7. How may aliens be divided ? 

Into alien friends, the subjects or citizens of countries at peace with 
ours ; and alien enemies, the subjects or citizens of countries at war 
with ours. 

8. Are alien friends, whilst residing in the State, subject to the laws 
thereof, and entitled to their protection ? 

Yes. 

9. What are the disabilities of aliens, in this State ? 

They cannot hold offices, vote at elections, nor act as jurors ; they 
cannot, in general, be employed in the performance of duties con- 
nected with the administration of public affairs ; in other respects 
they are entitled to the rights and privileges of citizens. 

10. What right have alien friends to hold and dispose of property, 
under the laws of the State ? 

In general, they may hold and dispose of personal property as 
fully as citizens ; and by Acts of Assembly they are made capable of 
holding and disposing of real estate by descent or devise, and, with 
some restrictions as to quantity, of purchasing, holding and conveying 
lands. 

Of free colored persons. 

11. Are free colored persons resident therein citizens of the State? 
It has been decided by the Supreme Court of the State that they 

are not citizens. It was thus determined that they had not the rights 
of electors under the State -constitution of 1790. By the present 
constitution of the State the right of suffrage is confined to " free 
white persons, e 

There were negro and mulatto slaves, owned by individuals, in 
Pennsylvania, when a province of Great Britain, and to some extent 
after it became an independent State. 

In 1780 was passed the Act of Assembly " for the gradual abolition 
of slavery." It forever abolished slavery or servitude for life as to 
all persons thereafter born in the State. It declared, in general, "that 
no man or woman of any nation or color, shall at any time thereafter 
be deemed, adjudged or hoiden as slaves or servants for life, but as 
free men and women." By the Act, negro and mulatto slaves then 
in the State were to be registered by their owners, within a certain 
time, on the omission of which they were to be immediately free ; if 
duly registered, they were to be held as slaves, with certain responsi- 

d See head " citizens of the United States, and aliens," Part the First, 
chap. i. 

e See Part the First, chap. ii. p. 123, 



CH. VII.] CITIZENS OF THE STATE. '237 

biJities and restrictions in regard to them placed upon the owners. 
The Act provided that negro and mulatto children born thereafter 
within the State, who would in case the Act had not been passed, 
have been born servants for years, or life, or slaves, should be servants 
until they attain unto the age of twenty-eight years, to the persons 
who would in such case have been entitled to the service of such 
children ; such servants to be held and treated as servants bound by 
indenture for years. It has been judicially decided, that under the 
Act the children of such servants for twenty-eight years were not 
subject to a similar servitude, but were free. 

As exceptions to the general provisions of this Act of Assembly, it 
also provided that it should not apply to the domestic slaves attending 
upon members of Congress from the other States, foreign ministers 
and consuls, and persons passing through or sojourning in this State, 
and not becoming resident therein, and seamen employed in ships not 
belonging to any inhabitant of the State ; such domestic slaves 
(except in the case of members of Congress, foreign ministers and 
consuls) not to be retained in the State longer than six months. 

From the length of time that has elapsed since the passage of the 
Act abolishing slavery, and the state of things consequent upon it, 
and that has intervened, it may properly be said that slavery does not 
now exist in Pennsylvania. 

Citizens of other States. 

12. What are the rights and privileges in Pennsylvania of citizens 
of other States of the Union ? 

" The citizens of each State shall be entitled to all privileges and 
immunities of citizens in the several States." Cons, of U. S. Art. 
IV. sect. II. / 

Census or enumeration of inhabitants. 

13. What provision is there by law on this subject? 

By Acts of Congress, in pursuance of the federal constitution, a 
census is to be taken for all the States once in every ten years, g And 
by the laws of the State an enumeration of the taxable inhabitants in 
each county is made every seven years, by the township assessors, 
under the direction of the county commissioners. It is on an enume- 
ration thus made that an apportionment of the members of the Senate 
and House of Representatives of the State among the several counties, 
is to be fixed by the Legislature every seven years, h 

f See Part the First, chap. vi. p. 83. 
g See Part the First, chap. iii. p. 42. 
h See Part the Third, chap. iv. p. 207. 



238 STATE OFFICERS. [PART III. 

OF OFFICERS IN GENERAL. 
Appointment and election. 

14. Does the constitution of the State provide that there shall be 
certain State and county officers, and in what manner they shall be 
appointed or elected? 

Yes. Such offices may be called constitutional offices. 

15. What offices are there established by the State constitution, the 
mode of appointment to which is fixed by it? 

The offices of Secretary of the Commonwealth, judges of the 
courts of record, State Treasurer, who is to be elected by the Legisla- 
ture, and prothonotaries of the Supreme Court, who are appointed by 
the said Court. 

The judges of the courts are appointed by the Governor by and 
with the consent of the Senate. And he has power to fill vacancies 
that may happen in such judicial offices during the recess of the 
Senate, by granting commissions which shall expire at the end of 
their next session. Cons, of Pa. Art. II. sect. VIII. 

16. What officers are there who shall, according to the provisions 
of the State constitution, be elected by the people ? 

The Governor, sheriffs and coroners, prothonotaries of the courts, 
except of the Supreme Court, clerks of courts, recorders of deeds, 
registers of wills, and justices of the peace and aldermen. 

17. What has the constitution provided, as to the power of appoint- 
ment to fill vacancies, where the officers are regularly elected by the 
people? 

Vacancies in the offices of sheriff, coroner, prothonotary or clerk 
of court, recorder of deeds, and register of wills, shall be filled by 
appointments to be made by the Governor, to continue until the next 
general election, and until successors shall be duly elected and quali- 
fied. Cons, of Pa. Art VI. sect. III. 

18. May new offices be established, and the manner of appoint- 
ment thereto be directed, by Act of Assembly ? 

Yes. 

19. What provision is there in the State constitution as to officers, 
the mode of whose appointment is not provided for by it ? 

" They shall be appointed or elected as shall be directed by law." 
€ons. of Pa. Art. VI. sect. VIII. i 

20. How may officers be classed ? 

As State officers, county officers, and township officers. 

21. How may officers be classed in relation to the nature of their 
duties ? 

As judicial or executive ; and as civil or military. 

i See, above, Part iii. chap. v. head " Power of appointment." 



CH. VII.] STATE OFFICERS. 239 

22. Can offices be created in any other manner than according to 
the provisions of the constitution and laws. 

No." 

Right to vote for officers and mode of election. 

23. As to the right of citizens to vote at elections, and the time 
places and manner of holding and conducting elections in the State, 
see the title Elections, chapter VIII, further on, in this work. 

Religious sentiments. 

24. What is the provision of the constitution as to any disqualifica- 
tion to hold office on account of religious sentiments ? 

" No person who who acknowledges the being of a God and a 
future state of rewards and punishment, shall on account of his 
religious sentiments be disqualified to hold any office or place of trust 
or profit under this Commonwealth." Cons, of Pa. IX. Art. sect. 
IV. See Cons, of U. S. Art. VI. 3. 

Residence of officers. 

35. Is residence in a county necessary in order to be appointed to 
an office therein ? 

" No person shall be appointed to an office within any county who 
shall not have been a citizen and inhabitant therein one year next 
before his appointment, if the county shall have been so long erected ; 
but if it shall not have been so long erected, then within the limits of 
the county or counties out of which it shall have been taken. Cons, 
of Pa. Art. VI. sect. VIII. 

Duellist disqualified. 

26. What is the provision of the constitution as to a duellist being 
disqualified to hold office ? 

" Any person who shall fight a duel, or send a challenge for that 
purpose, or be aider or abettor in fighting a duel, shall be deprived of 
holding any office of trust or profit in this Commonwealth, and shall 
be punished otherwise in such manner as is, or may be, prescribed 
by law ; but the Executive may remit the said offence and all its dis- 
qualifications." Cons, of Pa. Art. VI. sect. X. 

27. Is the fighting of a duel, or sending a challenge for that pur- 
pose, punishable by law in this State ? 

The fighting of a duel is punishable, according to the injury done, 
as an offence or crime at the common law ; and the sending or accept- 
ing a challenge to fight a duel, or carrying or delivering it, or aiding 
or abetting therein, or consenting to act as a second in an intended 
duel, is made, by Act of Assembly, a misdemeanor punishable by 
fine and imprisonment, disqualification to hold office, and forfeiture of 
rights of citizenship. 



240 STATE OFFICERS. [PART III. 

Commissions. 

28. How are all commissions of office to be made out and issued? 
" All commissions shall be in the name and by the authority of the 

Commonwealth of Pennsylvania, and be sealed with the State seal, 
and signed by the Governor." Cons.of Pa. Art. VI. sect. V. 

Incompatibility of offices. 

29. What is the provision of the State constitution as to members 
of Congress or officers of the United States holding office in this 
State ? 

"No member of Congress from this State, or any person holding 
any office or appointment of profit or trust under the United States, 
shall at the same time hold or exercise any office in this State, in 
which a salary is, or fees or perquisites are, by law, annexed." 
Cons, of Pa. Art. VI. sect. VIII. 

" No member of Congress or person holding any office under the 
United States or this State shall exercise the office of Governor." 
Cons, of Pa. Jirt. II. sect. V. 

30. What is the provision of the constitution as to members of the 
Legislature being appointed to office ? 

" No member of the Senate or House of Representatives shall be 
appointed by the Governor to any office during the term for which he 
shall have been elected." Cons, of Pa. Art. VI. sect. VIII. 

By various Acts of Assembly the holding of offices or appoint- 
ments under the State is made incompatible with the holding or 
exercising of offices or appointments under the United States. The 
Acts provide that every person holding any office or appointment 
under the general government, as officer or agent, shall be incapable 
of holding or exercising, at the same time, any of numerous offices 
or appointments specified, under the State, or the laws thereof. In 
this number are included certain county, township, city and borough, 
as well as State officers. 

There are also many State offices that are made, by Act of Assem- 
bly, incompatible with each other ; of which no person can hold 
more than one at the same time. 

It is provided, by Act of Assembly, that members of the Legisla- 
ture shall not be incompetent to receive appointments to office after 
they shall have resigned their seats. 

Re-eligibility. 

31. Are there provisions in the State constitution limiting the re- 
eligibility to certain offices ? 

Yes. " The Governor shall not be capable of holding his office 
longer than six in any term of nine years." Cons, of Pa. Art. II. 
sect. III. 

" No person shall be twice chosen or appointed sheriff in any term 
of six years." Cons, of Pa. Art. VI. sect. I. 



CH. VII.] STATE OFFICERS. 241 

There are, also, Acts of Assembly limiting the re-eligibility to cer- 
tain offices. As in the case of a County Treasurer, who cannot serve 
in the office for more than two years in any term of four years. 

32. What power has the Legislature to declare offices incompatible '( 
" The Legislature may by law declare what State offices are incom- 
patible." Cons, of Pa. Art. VI. sect. VIII. 

Oath of office. 

33. Are all officers obliged, by law, to take an oath or affirmation 
of office ? 

" Members of the General Assembly, and all officers executive and 
judicial, shall be bound by oath or affirmation to support the constitu- 
tion of this Commonwealth, and to perform the duties of their respec- 
tive offices with fidelity." Cons, of Pa. Art. VIII. 

"The Senators and Representatives before mentioned, and the 
members of the State Legislatures, and all executive and judicial 
officers, both of ihe United States and of the several States, shall be 
bound by oath or affirmation, to support this constitution." Cons, 
of U. S. Art. VI. sect. 3. 

All county and township officers are, also, required by Act of 
Assembly to take and subscribe an oath or affirmation to support the 
constitution of the United States and that of the Commonwealth, and 
to perform the duties of their offices with fidelity. 

Tenure of offices. 

34. What is tenure of office ? 

It is, in this country, the condition on which an office is held. An 
office may be held at will, or the pleasure of the appointing power ; 
for life, during good behaviour; or for a term of years, during good 
behaviour. There can, now, be no office for life in this State. 

35. What is the provision of the State constitution as to the condi- 
tion on which offices shall be held ? 

" All officers for a term of years shall hold their offices for the terms 
respectively specified, only on the condition that they so long behave 
themselves well ; and shall be removed on conviction of misbehaviour 
in office or of any infamous crime." Cons, of Pa. Art. VI. 
sect. IX. 

36. What provision is there in the Declaration of Rights on the 
same subject? 

" The Legislature shall not create any office the appointment to 
which shall be for a longer term than good behaviour." Cons, of 
Pa. Art. IX. sect. XXIV. 

Impeachment. 

37. Are all civil officers of the State liable to impeachment ? 

" The Governor and all other civil officers under this Common' 
30 



242 STATE OFFICERS, [PART III, 

wealth shall be liable to impeachment for any misdemeanor in office.' 5 ' 
Cons, of Pa. Art. IV. sect. III. j 

Removal of officers. 

38. What is the provision of the constitution as to the removal of 
officers for misbehaviour ? 

" All officers for terms of years, shall be removed on conviction of 
misbehaviour in office, or of any infamous crime." Cons, of Pa. 
Art. VI. sect. IX. 

39. May the Governor remove officers appointed or commissioned 
by him, in cases of such conviction ? 

Yes ; except where it is otherwise provided in the constitution, k 

40. What is the provision of the constitution as to the removal of 
officers on the address of the Legislature 1 

" But for any reasonable cause, which shall not be sufficient ground 
of impeachment, the Governor may remove any of them," (the 
judges of the courts of record) " on the address of two-thirds of each 
branch of the Legislature." Cons, of Pa. Art. V. sect. II. 

41. How may persons holding offices at will be removed ? 
By the appointing power, at the pleasure thereof, at any time. 

Officers indictable for neglect and misdemeanor. 

42. May officers be indicted for neglect and misdemeanor in office? 
All officers may be indicted and punished for wilful neglect of duty 

and misbehaviour in office. They may be punished criminally, also, 
for bribery, or other corruption in office. 

Bight to office, how determined. 

43. How is a question as to the right to hold a particular office to 
be legally determined? 

By a proceeding in law, on what is called a Writ of Quo War- 
ranto. It is a writ issued by the proper court of justice, on the appli- 
cation of the Attorney General, or his deputy, or any person desiring 
to prosecute the same, commanding the sheriff of the county to sum- 
mon a person to appear before the court and show by what authority 
he exercises a particular office. If judgment of ouster and exclusion 
be given against the defendant in such a case, it may be enforced by 
a writ of injunction, to be awarded by the court, enjoining him from 
exercising the office, and obedience thereto may be compelled by writ 
of attachment or sequestration. 

Writs of Quo Warranto may be issued by the Supreme Court of 
the State, in all cases ; and by the Courts of Common Pleas of the 
respective counties, in cases of county and township officers. 

j See, above, Part the Third, chap. v. head " Senate," 
k See, above, Part the Second, chap. v. p. 144. 



€H. VII.] STATE OFFICERS. 243 

STATE, AND STATE OFFICERS. 

43. How are the civil affairs of the State conducted, and its inter- 
nal government carried on, under the constitution and laws ? 

The general affairs of the State are conducted by State officers, 
and its internal government by county and township or city and 
borough officers. 

44. What is called the State administration 1 
The Governor and Heads of Departments. 

45. What officers are Heads of Departments ? 

The Secretary of the Commonwealth, Auditor General, State 
Treasurer, Surveyor General, and Attorney General of the State. 

46. What is the executive department of the State ? 

The Governor, and other executive officers of the Commonwealth. 

47. How are State officers paid for their services ? 

By annual salaries from the State, or by fees or perquisites of office 
paid by the persons for whom their services may be performed. 

48. How is the revenue of the State, or money for the support of 
its government, obtained ? 

From the sale of unappropriated lands belonging to the Common- 
wealth, and the purchase money due on previous sales ; from divi- 
dends on stock which it holds in Banks, Bridge Companies, Turn- 
pike Road Companies, and other corporations ; from fees paid into 
some of the public offices ; from tolls on the State canals and rail 
roads ; and from duties and taxes, of various kinds, assessed and 
collected under the laws of the State. 

The principal State taxes and duties are, in 1845, on licenses to 
auctioneers and the amount of their sales, on licenses to vendors of 
merchandize, licenses to innkeepers, licenses to pedlars, on bank 
stock and dividends, on writs, mortgages and proceedings in courts, 
on fees in certain offices, on collateral inheritances, and on real and 
personal property, persons, trades, occupations and professions ; on 
mortgages, money owing by solvent debtors, by promissory note, 
penal or single bill, bond or judgment; on all articles of agreement 
and accounts bearing interest, except notes for work and labor done 
and bank notes ; on shares or stock in any bank, institution or com- 
pany incorporated by the laws of this Commonwealth, or of any other 
State or government ; on all shares of stock or weekly deposits in 
any unincorporated saving fund institution ; on the capital stock of 
banks and bank dividends ; on all public loans and stocks whatsoever, 
except those issued by this Commonwealth ; on monies loaned or 
invested on interest in any other State ; on stock brokers, bill brokers 
and exchange brokers ; on household furniture, including gold and 
silver plate, when the value thereof exceeds the sum of three hundred 
dollars, and on pleasure carriages and watches. 



244 STATE OFFICERS. [PART III. 

49. How did the unappropriated lands in the State become vested 
in the Commonwealth? 

The lands belonging to the proprietaries of Pennsylvania, as a 
province of Great Britain, became, on the termination of the Ameri- 
can revolution, vested in the Commonwealth. A pecuniary com- 
pensation was allowed to their heirs and representatives by Act of 
Assembly. 

50. Are many of the State taxes assessed and collected by county 
and township officers ? 

Yes, as by the township, borough, and ward assessors and collec- 
tors, with the county rates and levies, and by the county treasurers. 

51. Who has the care and charge of the revenue and money of the 
State ? 

The State Treasurer, who receives and pays out all monies belong- 
ing to the State. 

52. By what authority only can money be paid out of the State 
treasury ? 

" No money shall be drawn from the treasury but in consequence 
of appropriations made by law." Cons, of Pa. Art. I. sect. XXII. 

53. How must all accounts and claims against the Commonwealth 
be settled before they can be paid ? 

In general, all accounts and claims against the Commonwealth must 
be examined and adjusted by the Auditor General before they can be 
paid by the State Treasurer. / 

54. How may the expenses of the State government, in general, 
be classed ? 

Into the ordinary and extraordinary expenses of government. 

55. What are the ordinary expenses of the State government ? 
The payment of the salaries of State officers, the expenses of the 

Legislature, and the usual annual operations of the government under 
the laws of the State. 

56. What are the extraordinary expenses of the government ? 
The payment of the debts due by the State, and of appropriations 

by law for special objects, as internal improvements, charitable institu- 
tions, colleges, schools, and the like. 

57. What are State stocks ? 

Debts due by the Commonwealth, for money loaned to it, for which 
certificates of debt have been given, payable at fixed periods, bearing- 
interest to be paid annually or semi-annually, and transferrable from 
one person to another. 

A large amount of indebtedness has been incurred by the State of 
Pennsylvania, for money borrowed for the construction of the public 

/ See head " Auditor General," further on, in this chapter. 



CH. VII.] STATE OFFICERS. 245 

canals, rail roads, and other improvements. These loans have been 
funded, by issuing State stock therefor, redeemable at distant periods. 
They are called permanent loans. Such loans can only be taken, and 
stock thus issued, by authority of an Act of Assembly. It is generally 
directed to be done through the agency of the Governor or State 
Treasurer. 

Secretary of the Commonwealth. 

58. Is the office of Secretary of the Commonwealth established 
by the State constitution, and the mode of appointment and tenure 
prescribed by it ? 

The Governor " shall appoint a Secretary of the Commonwealth 
during pleasure." Cons, of Pa. Art. II. sect. VIII. 

59. What does the constitution provide as to the duties of the 
Secretary of the Commonwealth ? 

" The Secretary of the Commonwealth shall keep a fair register of 
all the official acts and proceedings of the Governor, and when 
required lay the same and all papers, minutes and vouchers relative 
thereto, before either branch of the Legislature, and shall perform 
such other duties as shall be enjoined him by law." Cons, of Pa. 
Art. II. sect. XV. 

60. What are the duties, in general, of the Secretary of the Com- 
monwealth? 

In the office of the Secretary of the Commonwealth are deposited 
the public archives, documents and papers of the State ; the original 
rolls of the laws are filed and recorded there ; and the seal of the 
State is kept in it. It is the duty of the Secretary of the Common- 
wealth, through his department, to keep a register of all the official 
acts, proceedings and appointments of the Governor; to issue com- 
missions to State and county officers, as directed by law, under the 
seal of the State ; and to furnish authenticated copies, when duly 
required, of the laws, records and papers in his office. The returns 
of elections of members of Congress, State and county officers, are 
transmitted to him, and filed in his office. He has the superintend- 
ence of the publication and printing of the laws, and of the distribu- 
tion of the printed copies thereof, in the manner prescribed by law. 
It is through him that communications are properly made to the State 
government, and from it to other governments, or to individuals. He 
is also the Superintendent of the Common Schools of the State. 

The salary of the Secretary of the Commonwealth is twelve hun- 
dred dollars a year; and as Superintendent of Common Schools, an 
additional sum of five hundred dollars a year. 

61. Is there an officer called Deputy Secretary of the Common- 
wealth ? 

Yes. He is appointed by the Secretary of the Commonwealth, 
with the approbation of the Governor, and removable by the said 
Secretary whenever he shall deem it expedient. He has a salary of 
a thousand dollars a year. 



246 STATE OFFICERS. [PART IIL 

Attorney General. 

62. How is the Attorney General appointed ? 

By the Governor, at his pleasure, m He receives a salary of three 
hundred dollars a year, and is entitled to fees of office prescribed by 
law. 

State Treasurer. 

63. What does the constitution provide as to a State Treasurer? 

" A State Treasurer shall be elected annually, by joint vote of both 
branches of the Legislature." Cons, of Pa. Art. VI. sect. VI. 

64. What are, in general, his duties ? 

He has, through his department, the custody and charge of the 
public monies ; pays and disburses money out of the treasury, in the 
manner directed by law. He is required to furnish the Auditor Gen- 
eral, every month, with an account of all monies received and paid 
by his department during the preceding month, together with the 
vouchers for the payments so made. And it is his duty, to make, 
annually, to the Legislature, a report exhibiting in detail the receipts 
and expenditures of the State treasury for the preceding year, desig- 
nating the name of every person from whom monies were received, 
and to whom paid, and on what account; and, also, to prepare and 
present, to the Legislature, at the commencement of every session, a 
report on the subject of finance, containing estimates of the public 
revenue and public expenditures, and plans for the support of the 
public credit, and for improving and increasing the revenue. 

65. What salary does the State Treasurer receive ? 
Fourteen hundred dollars, a year. 

Auditor General. 

QQ. How is the Auditor General appointed ? 

The office is established by Act of Assembly ; and he is appointed 
by the Governor for three years, but may be removed by the Gover- 
nor on the address of both houses of the Legislature. 

67. What are his duties, in general? 

To examine and adjust the accounts of officers and other persons 
entrusted with the receipt, charge or collection of the public money, 
or to whom the possession of the public money may have come, he 
being invested, for this purpose, with power to compel such persons 
to exhibit their accounts to him, and to inforce the attendance before 
him of such parties, and witnesses, with their books, accounts and 
papers, as he may deem necessary, and to take* their testimony on 
oath or affirmation ; to examine and adjust the accounts of all persons 
having claims against the Commonwealth ; to receive the monthly 
accounts of the State Treasurer of the receipts and payments by him, 
with the vouchers for the payments, and to enter the same, to proper 

m See, above, Part the Third, chap. vi. " Judiciary." 



CH. VII.] STATE OFFICERS. £47 

accounts, on the books of his office, so as to furnish a correct account 
of the financial affairs of the State ; and to direct and superintend the 
recovery and collection, in due course of law, of all debts due to the 
Commonwealth, on accounts settled in his office, or otherwise, from 
officers or others, the parties and their sureties. It is his duty to 
make a report, annually, to the Legislature, exhibiting, in the abstract, 
a statement of the finances of the Commonwealth. 

68. What is the salary of the Auditor General ? 
Fourteen hundred dollars a year. 

69. How are claims and demands on the Commonwealth generally 
settled and paid ? 

The State Treasurer is authorized by law to make, without warrant 
or order to him, all payments which are so fixed by law, that the sum 
to be paid cannot be affected by the settlement of any account ; as 
salaries of officers, and grants, annuities and pensions, established by 
law. In general all claims against the Commonwealth, not of such 
a nature, must be first examined and adjusted by the Auditor General, 
and signed by him ; and they must then be submitted, with all the 
vouchers and papers appurtinant to them, to the State Treasurer, for 
his revision and approbation, he being invested with the same power 
for the purpose of examining them as the Auditor General; in cases 
where the Auditor General and State Treasurer disagree, the decision 
of the Governor to be conclusive ; and on all accounts so settled the 
Auditor General is required to draw his warrant upon the State Trea- 
surer for the amount and balance due, if there is an appropriation by 
law therefor. 

All public accounts, thus examined and settled, are entered on the 
books of the Auditor General's office, and filed there with the vouch- 
ers and papers relating to them. 

Appeals may be had from the settlement of accounts by the Audi- 
tor General and State Treasurer, on the part of persons dissatisfied 
therewith, to the Court of Common Pleas of the county in which the 
seat of government is, in the manner directed by Act of Assembly. 

Surveyor General. 

70. What is the nature of the business of this office ? 

It is an office established by Act of Assembly. There are preser- 
ved in it all the documents and papers relating to the public lands, 
the applications, warrants, surveys, grants and patents therefor, under 
the provincial government, and since. Patents are issued from this 
office on old warrants and titles, for lands formerly belonging to the 
State ; and applications, warrants and patents for lands of the Com- 
monwealth yet vacant, n 

By a late Act of Assembly it was provided that the office of Sec- 
retary of the Land office, whose business also related to the public 

n See, above, in this chapter, p .144. 



248 STATE OFFICERS. [PART III, 

lands , should be abolished, and all the documents and papers thereof 
be transferred to the office of the Surveyor General, who should per- 3 
form the duties formerly required of that officer. 

71. How is the Surveyor General appointed ? 

By the Governor, for three years ; but he may be removed from 
office by the Governor, on the address of both houses of the Legis- 
lature. 

72. What is the salary of the Secretary of the Land office ? 
Twelve hundred dollars a year. 

Canal Commissioners. 

73. What officers are canal commissioners ? 

They are the officers who have the general superintendence and 
management of the canals and rail roads belonging to the State. — 
There are three Canal commissioners, forming a Board, of which 
one of them is the President, and having a stated clerk. It is under 
their direction that all the repairs on the canals and rail roads are done, 
improvements made, and extensions and new lines constructed. — 
They make contracts on the part of the State for these purposes. 
They purchase for the Commonwealth real estate occupied by the 
canals and rail roads, or enter into agreements respecting the same; 
assess damages done to the land or property of individuals, or other- 
wise suffered by them. They have power to regulate transportation 
and travelling on the canals and rail roads, to fix the rates of tolls 
and the modes of collection thereof, to establish rules for these pur- 
poses, and impose fines and penalties for the violation of them. — 
They appoint all the agents and persons employed in the service of 
the State on the canals and rail roads. They are required to make 
an annual report to the Legislature of the affairs of the canals and 
rail roads, and in relation to their official duties. The office of the 
Board is at the seat of government of the State. 

The Canal Commissioners are elected by the people, one every 
year, to serve for three years ; one of them being an engineer. Their 
compensation is three dollars for every day employed in the perform- 
ance of their duties. Vacancies are supplied by appointments made 
by the Governor, to continue until the next general election. 

The agents in the service of the State on the canals and rail roads, 
are, in general, engineers, supervisors, collectors, lock-tenders, weigh- 
masters, and the like. 

Territorial Divisions. 

74. How is the State divided for the convenience of internal gov- 
ernment, and the administration of law and justice? 

Into counties, and each county into townships, in general ; cities 
and boroughs forming parts of their respective counties, except where 
it is otherwise provided, and being divided into wards. 



CH. VII.] COUNTIES. 849 

Counties. 

75. How many counties are there in the State ? 
Fifty eight. 

76. What are the names of the counties severally in the State ? 
Philadelphia, Bucks, Chester, Lancaster, York, Cumberland, Berks, 

Northampton, Bedford, Northumberland, Westmoreland, Washington, 
Franklin, Fayette, Montgomery, Dauphin, Luzerne, Huntingdon, 
Allegheny, Mifflin, Delaware, Lycoming, Somerset, Greene, Wayne, 
Adams, Centre, Beaver, Butler, Mercer, Crawford, Erie, Warren, 
Venango, Armstrong, Indiana, Jefferson, McKean, Clearfield, Potter, 
Tioga, Cambria, Bradford, Susquehanna, Schuylkill, Lehigh, Lebanon, 
Columbia, Union, Pike, Perry, Juniata, Monroe, Clarion, Clinton* 
Wyoming, Carbon and Elk counties. 

77. How are counties erected ! 
By act of Assembly. 

78. Are counties bodies politic or corporate ? 

Yes. They are made so by Act of Assembly. They are public 
municipal corporations. 

79. May the several counties sue and be sued by their corporate 
names ? 

Yes. 

80. May the several counties take and hold real estate within their 
respective limits, and personal property 1 

Yes ; for such objects and purposes as are authorized bylaw. 

81. May the several counties make contracts in their corporate 
names ? 

Yes, for the objects and purposes authorized by law. 

82. By whom are the corporate powers of a county to be exercised ? 
By the count} T commissioners thereof. 

83. Is each county authorized to have a county seal ? 

Yes ; and it is to be kept by the county commissioners, whose 
official acts are to be authenticated by it. 

84. Is the title to the court houses, jails, prisons, &c, vested in 
the several counties, for the use thereof? 

Yes. The court houses, jails, workhouses, and buildings for the 
county officers, are put up and kept in repair, by the counties 
respectively ? 

County taxes and expenditures. 

85. What are, in general, the objects of expenditure by a county? 
The erection and keeping in repair r of a court house, gaol, and 

buildings for the county officers ; the accommodation of the courts in 
the court house whilst in session ; the pay of jurors and constables 
for attendance at court ; costs in certain criminal cases ; the mainte - 
31 



250 COUNTIES. [FART III. 

nance of prisoners in gaol ; building county bridges ; paying view- 
ers of public roads, road and bridge damages ; the pay of the officers 
of the general election in the county ; the pay of the sheriff and other 
officers for services performed for the county ; coroners' inquests post 
mortem ; the support of the poor where there is a county poor house ; 
and various matters directed by law to be done at the expense of the 
counties severally. 

86. How is money obtained for defraying the expenses of the 
county ? 

By taxes assessed and collected for the use of the county, called 
county rates and levies ; and from the proceeds of fines and fofeitures 
in the courts of the county ; and certain costs of the court. 

87. What does the law direct as to publishing an account of the 
receipts and expenditures of the county ? 

It is the duty of the county commissioners to publish annually, in 
the manner directed, a full and accurate statement of all the receipts 
and expenditures of the county for the preceding year. 
Courts. 

88. What courts are held in each county ? 

Ordinarily, a Court of Oyer and Terminer and General Gaol 
Delivery, a Court of Quarter Sessions of the Peace, a Court of 
Common Pleas, and Orphans Court ; held, regularly, four times a 
year. A Register's Court may be held in any county, when required. 
In some cities and counties there are District Courts, having civil 
jurisdiction in cases where the value in controversy exceeds a certain 
amount. 

As to the nature and jurisdiction, judges and officers, of these- 
courts, see head Judiciary, Part the Third, chapt. VI. 

89. What expenses of the courts are paid by the counties respect- 
ively ? 

In general, the expense of fitting the court house for the accom- 
modation of the courts in their sittings, the pay of constables attend- 
ing court, the pay of jurors, the costs in criminal cases on acquittals, 
except where the prosecutor is directed to pay the costs by the jury, 
as may be done in some cases, and on convictions where the defend- 
ant is unable to pay the costs. 

90. Is there any thing paid to the county on the proceedings in 
the courts ? 

The county is entitled to all fines, forfeitures, &c, by the sentence 
order or judgment of the court; and to a certain sum (four dollars) 
on every verdict rendered in a civil suit, to be paid by the successful 
party, and included in the costs of suit, to be recovered of the other 
party. 

91. How are the expenses of persons in gaol or prison for crimes 
and offences to be paid. 

By the county, 



CH. VII.] COUNTY OFFICERS. 251 

92. Are persons convicted of crimes and offences liable fdr the 
costs of prosecution, and the expense of keeping them in prison ? 

Yes ; and the costs and expenses may be recovered of them, if 
they have property or means whereby it may be done. 

93. What is the town or place where the courts are held in the 
county called ? 

The seat of justice of the county. 

94. What county officers are required, by law, to keep their offices, 

with the records and papers belonging thereto, at the Seat of justice 
of the county? 

The prothonotary, clerks of courts, register, recorder, sheriff, 
county commissioners, county treasurer, and county auditors. Cons, 
of Pa. Art. VI . sect. IV. 

Juries. 

95. How are jurors for the several courts in a county to be 
selected 1 

By the commissioners and sheriff of the county, in the manner 
specially directed by the Acts of Assembly. And they are summon- 
ed to attend the courts by the sherfff. The subject is more fully re- 
ferred to, above, under the head " Jurors," Part the third, chapt. VI. 

County officers. 

96. What county officers are there ? 

Prothonotary of the Court of Common Pleas, clerk of the Court 
of Oyer and Terminer and General Gaol Delivery, clerk of the Court 
of Quarter Sessions of the Peace, clerk of the Orphans Court, 
register, recorder, sheriff, coroner, county commissioners, county 
auditors, and county treasurer. The office of an Associate Judge 
of the Court of Common Pleas in a county is a State office. 

97. Are all county officers required to take an official oath or affir- 
mation ? 

Yes. See, above, p. 241 

98. What residence in the county is necessary to a person's being 
appointed to an office within any county ? 

One year's residence, by the State constitution. See Cons, of 
Pa. Art. VI. sect. VIII. 

County Commissioners. 

99. How many County Commissioners are there, and how are 
they elected ? 

There are three commissioners for each county, one of whom is 
•elected every year, at the general election, to serve for three years. 
In case of a vacancy the existing commissioners, together with the 
Court of Quarter Sessions, appoint a person to serve until the next 
general election, when a new commissioner is to be elected. 



252 COUNTY OFFICERS. [PART III. 

100. What are the duties, in general, of the County Comissioners T 
To exercise the corporate powers of the county; to make contracts 

for the county, authorized by law ; to make an estimate of the amount 
of the yearly expenses of the county, and cause it to be assessed on 
the several townships ; to regulate the apportionment and assessment 
of the county rates and levies ; to pay the expenses of the county by 
orders on the County Treasurer ; and to perform various duties, 
relating to the affairs of the county, and also in reference to the assess- 
ment and collection of State taxes as directed by Acts of Assembly. 

Any two of the County Commissioners, when regularly convened, 
form a board, and are competent to perform all the duties appertaining 
to the office of county commissioners. 

They are required to appoint a clerk, whose duty it is to keep the 
books and accounts of the board, record or file their proceedings and 
papers, attest all orders and warrants issued by them, and perform all 
acts pertaining to such office. He receives for his services such sum 
as the commissioners at their first meeting every year agree upon. 

The county seal is kept by the county commissioners, at their 
office ; and is applied by them to their warrants, precepts, certified 
copies of their proceedings, and their other official papers. 

The lists of taxable inhabitants, the returns and valuations of taxa- 
ble property, and assessments of taxes, made by the township asses- 
sors, are filed in their office. 

The county commissioners are required to publish every year a 
statement of the receipts and expenditures of the county, as settled 
by the County Auditors. 

They are required to have their office in the public buildings of the 
county, at the seat of justice of the county. 

The county commissioners receive each one dollar and fifty cents 
for every day they necessarily attend upon the duties of their office. 

Enumeration of taxable inhabitants, e 

101. What is the duty of the county commissioners in relation 
thereto ? 

They are, every seventh year, to issue their precepts to the several 
assessors, requiring them to take an enumeration of all the taxable 
persons, above the age of twenty-one years, resident in their respec- 
tive townships ; with the number of the deaf and dumb, and blind. 
The returns of the enumeration are filed in the County Commission- 
ers' office ; and duplicates thereof transmitted by them to the Gover- 
nor of the State, to be laid by him before the Legislature. See, also, 
on this subject, in the same chapter, p. 237. 

County rates and levies. 

102. What are county rates and levies ? 

Taxes directed, by the county commissioners, to be assessed, levied 
and collected, and paid into the county treasury, in order to defray 
the expenses of the county. 



CH. VII.] COUNTY TAXES. 253 

103. How are the county rates and levies laid and assessed? 

The county commissioners are required, every third year, to issue 
their precepts to the assessors, commanding them to make, and return 
into the office of the commissioners, correct lists of the names of all 
the taxable persons residing within their respective townships, 
boroughs and wards, and of all property taxable by law, together 
with a just valuation of such property, to be made by the assessors 
and assistant assessors, which lists are called the triennial assess- 
ments ; these returns of the assessors are to be examined and corrected 
by the county commissioners : And in each of the two years succeed- 
ing the triennial assessments the commissioners are to send their pre- 
cepts, with transcripts of those assessments, examined and corrected 
as aforesaid, to the assessors respectively, for the purpose of having 
returns made thereon by them of changes and additions, occurring 
since the triennial assessment, as to the taxable persons, property and 
the valuation thereof; which returns are, likewise, to be subject to 
the examination and correction of the county commissioners. 

It is the duty of the county commissioners, at their first meeting 
after the general election in every year, to proceed to make an estimate 
of the probable expenses of the county for the ensuing year ; and 
after the returns of the assessors shall have been made, examined and 
corrected, as aforesaid, the county commissioners shall apportion the 
amount, so estimated, among the several townships, boroughs, and 
wards, according to the adjusted valuation of the taxable property and 
other objects taxable within the same respectively ; and they shall 
send their precepts with transcripts of the corrected assessments to 
the assessors severally, together with a statement of the proportion 
of tax to be assessed, and the rate per cent, in the particular district, 
borough or ward, in order that the assessors may rate and assess the 
tax of each individual, giving notice to him of the sum, and the rate 
per cent, and make returns thereof to the commissioners. These 
transcripts are called duplicates. Appeals may be had from any of 
these assessments, by any person, as prescribed by law, to the Board 
of County Commissioners, by whom abatements, exonerations or 
alterations may be made. 

For the purpose of equalizing the assessment of State taxes in the 
different counties, a Board of Revenue Commissioners, consisting of 
one person appointed by the President and Associate Judges of the 
Court of Common Pleas of each judicial district, together with the 
State Treasurer, as President of the Board, is to meet at Harrisburg, 
in the year 1845, and triennially thereafter, on a day to be fixed by 
the State Treasurer ; before whom are to be laid the statements, pre- 
viously furnished to the State Treasurer by the County Commis- 
sioners of the several counties, of the returns made by the assessors 
of the value, in the aggregate, of all property liable to state taxes in the 
counties respectively ; and who are to ascertain the fair and just value 
of the property in the several counties taxable by law, equalizing and 
adjusting the same as far as possible; and according to which valua- 



-54 COUNTY TAXES. [PART III. 

tion, the assessments of State taxes are to be made in the several 
counties, in the manner directed by law. This Board of Revenue 
Commissioners was first provided for by the Act of Assembly of 
March 31, 1844. Its first meeting has been held under the Act of 
Assembly, its proceedings being attended with useful results, more 
particularly in regard to much important information collected and 
embodied in the report of the Board to the Governor. 

104. What are, in general, the subjects of taxation for county rates 
and levies ? 

All real estate, to wit: houses, lands, lots of ground, ground rents, 
mills, manufactories of all kinds, furnaces, forges, bloomeries, distille- 
ries, sugar houses, malt houses, breweries, tan yards, fisheries, ferries, 
wharves, and ail other real estate not exempt by law from taxation : 
All personal estate, to wit: horses, mares, geldings, mules and neat 
cattle over the age of four years ; also all mortgages, money owing 
by solvent debtors, whether by promissory note, penal or single bill, 
bond or judgment ; also all articles of agreement and accounts bear- 
ing interest, owned or possessed by any person or persons whatso- 
ever, except notes or bills for work and labor done, and bank notes ; 
also all shares or stock in any bank, institution, or company, incorpo- 
rated by or in pursuance of any law of this Commonwealth, or of 
any other State or government ; and on all shares of stock or weekly 
deposites in any unincorporated saving fund institution, and all public 
loans and stocks whatsoever, except those issued by this Common- 
wealth, and on all money loaned or invested at interest in any other 
State ; also all household furniture, including gold and silver plate, 
owned by any person or corporation, when the value thereof shall 
exceed the sum of three hundred dollars ; all pleasure carriages, and 
watches ; salaries and emoluments of office, all offices and posts of 
profit, professions, trades, and occupations, except the occupations of 
farmers. All single freemen above the age of twenty-one years who 
follow no occupation or calling are, also, taxable. It is so provided 
by the Act of Assembly of 31st of March, 1844, (Pamphlet Laws 
of Pa. for 1844, p. 121,) and previous Acts. 

105. Is there any limit, by law, as to the amount of taxes to be 
laid by county commissioners ? 

No tax in any county can in one year exceed the rate of one cent 
of everv dollar of the valuation of taxable property." Act of Assem- 
bly of April 15, 1834. 

106. How are the county rates and levies collected ? 

By the collectors of the several townships, boroughs and wards ; 
to whom the county commissioners send, every year, their warrants 
with duplicates of the corrected assessments, requiring and authoriz- 
ing them to levy and collect the taxes therein assessed, according to 
law and to pay the same to the county treasurer. They are called 
collectors' duplicates. 






CH. VII.] COUNTY OFFICERS, 255 

107. Are State taxes sometimes assessed and collected together 
with the county rates and levies ? 

Yes. The county commissioners are sometimes directed by law 
to add to the county rates and levies a certain sum or amount per cent. 
for State purposes, to be assessed and collected by the township 
collectors in the same manner, and together with them to be paid to 
the county treasurer, and through him to the State Treasurer ; or to 
assess, and collect in like manner, a State tax on objects not liable to 
county rates and levies. 

County Treasurer. 

108. How is the County Treasurer elected ? 

He is elected by the electors of the county, at the general election, 
every two years. 

No county treasurer can serve in the office for more than two years 
in any term of four years. In case of a vacancy, the County Com- 
missioners are authorized to appoint a person to fill the office until the 
expiration of the term for which the county treasurer was elected. 

No judge, clerk or prothonotary of any court, register of wills, 
recorder of deeds, county commissioner or county auditor can be 
elected county treasurer during his continuance in office ; nor shall 
any county commissioner or county auditor be eligible to the office 
until the expiration of one year next after the term for which he shall 
have been elected. 

109. What is his duty, in general ? 

To receive all monies due or accruing to the county, and to pay the 
same on warrants drawn by the county commissioners, or as directed 
by law ; and to keep a just and true account of all monies received 
and paid by him. 

110. How are the accounts of the county treasurer settled? 

He is required, once in every year, to state his account and pro- 
duce his vouchers, which, after examination by the county commis- 
sioners, shall be by them laid before the county auditors for settle- 
ment according to law. 

111. Has it been the duty of the County Treasurer to receive 
various State taxes, and pay over the same to the State Treasurer 1 

Yes ; besides the taxes collected by the township collectors for 
the use of the State, he receives monies due to the Commonwealth 
for licenses to hawkers and pedlars, licenses to innkeepers, licenses 
to retailers of merchandize, and from some other sources. 

112. Ts the county treasurer required to give security for the per- 
formance of his duties ? 

Yes. 

113. What compensation d^es the county treasurer receive for his 
services ? 

A certain amount per cent, on all monies received and paid by him 



856 COUNTY OFFICERS. [PART lit. 

for the county, to be settled by the county commissioners with the 
approbation of the county auditors ; and an amount per cent, fixed 
by law, on all monies received and paid over by him for the use of the 
Commonwealth. 

Prothonotaries. 

114. How are prothonotaries elected ? 

By the electors of each county, at the general election, for the term 
of three years ; and they are commissioned by the Governor. 

115. What is the duty in general of the prothonotary of a county? 
He is the clerk of the Court of Common Pleas for the county, 

records all its proceedings, files all the writs, papers and documents 
relating to its business ; issues writs for the commencement of civil 
suits therein, and writs of execution, and other process of the court ; 
keeps dockets in which are entered all suits, judgments, liens, and 
proceedings therein ; and has his office at the seat of justice of the 
county. 

116. What compensation does the prothonotary receive for his 
services ? 

He receives certain fees, prescribed by law, on writs issued by him, 
certified copies of records in his office, and for other specific services 
performed by him. 

117. How is any vacancy in the office of prothonotary to be filled ? 

By the appointment of the Governor, until the next general elec- 
tion, when the electors of the county shall elect a successor to fill the 
vacancy, and to serve for the term of three years. 

Clerks of the Courts. 

118. How are the clerks of the several courts appointed ? 

They are elected by the qualified citizens of the county at the 
general election, for the term of three years, and are commissioned 
by the Governor. A vacancy in the office is supplied in the same 
manner as in the case of a prothonotary. 

119. What are their duties, in general? 

They record the proceedings of their several courts ; issue writs 
and all process therefrom, and register and file the same. They have 
their officers at the seat of justice of the county. 

120. What compensation for their services do they receive ? 
Certain fees, fixed by law, for the specific services performed by 

them. 
Register. 

122. How is the Register for each county appointed ? 

He is elected by the citizens of the county at the general election, 
for the term of three years, and comrtimissioned by the Governor. — 
Any vacancy in the office is filled in the same manner as in the case 
of a prothonotary. 



CH. VII.] COUNTY OFFICERS. 257 

123. What are his duties, in general? 

Before him all last wills and testaments are proved, and they are 
then filed and recorded in his office ; by him letters of administration, 
and letters testamentary, are granted and issued to administrators and 
executors respectively ; before him the accounts of executors, admin- 
istrators and guardians, are exhibited and settled in the first instance. 
He has his office at the seat of justice of the county. He, also, with 
one or more of the judges of the Court of Common Pleas, holds a Reg- 
ister's Court, when it is rendered necessary, o 

124. What is his compensation? 

Fees for particular services performed, as prescribed by the Acts of 
Assembly. 
Recorders of Deeds. 

125. How are the Recorders of Deeds in the several counties 
appointed ? 

There is one Recorder of Deeds elected by the electors of each 
county, at the general election, for the term of three years. Vacan- 
cies are filled in the same manner as in the case of a prothonotary. 

126. What is the office of Recorder of Deeds ? 

It is an office established by law in each county, and to be kept at 
the seat of justice thereof, in which all deeds, conveyances, mortga- 
ges and agreements concerning lands, tenements and hereditaments 
situate in the county, are authorized to be recorded, after being pro- 
ved or acknowledged as prescribed bylaw ; and for recording commis* 
sions and other instruments of writing required to be recorded; that 
the evidence thereof may be preserved and perpetuated, and such re- 
cords be notice to all persons. 

127. What are the provisions of the law as to the recording of 
deeds and conveyances ? 

By Act of Assembly, all deeds and conveyances concerning lands, 
tenements or hereditaments, made and executed within the State, are 
required to be acknowledged or proved ,andrecorded within six months, 
and those made and executed out of the State for lands therein, with- 
in twelve months, after the execution thereof; otherwise they shall 
be adjudged fraudulent and void against any subsequent purchaser or 
mortgagee for valuable consideration. 

It has been decided by the Supreme Court of the State that a deed 
will be adjudged void, under the Act of Assembly, for want of being 
recorded, only as against such a subsequent purchaser or mortgagee 
from the same grantor or under the same title. 

It has been decided by the Supreme Court of the State that a deed 
is not void, for want of being recorded, against a person claiming 
under a subsequent deed with notice of the previous one; and, also, 
that actual possession of lands under a deed, is constructive notice to 
all persons, so that it will not be adjudged void, for want of being re- 
corded, against a subsequent purchaser or mortgagee. 

o See Part the Third, chapt. VI, head " Register's Court." 
32 



25S COUNTY OFFICERS. [PART III. 

128. What does the Act of Assembly on the subject provide as to 
the recording of mortgages, and their lien and priority? 

" That all mortgages, and defeasible deeds in the nature of mort- 
gages, for any lands, tenements or hereditaments within the State, 
shall have priority according to the date of recording the same, 
"without regard to the time of making and executing such deeds ; and 
it shall be the duty of the Recorder of Deeds to endorse upon the 
mortgage or defeasible deed the time when it is left for record, and to 
number the same according to the time it is left for record, and if 
two or more are left for record on the same day, they shall have pri- 
ority according to the time they are left for record : And no mortgage 
or defeasible deed in the nature of a mortgage shall be a lien, until 
such mortgage or defeasible deed shall have been recorded or left for 
record as aforesaid : Provided, that no mortgage given for the purchase 
money of land so mortgaged, shall be affected by the passage of this 
Act, if the same shall be recorded within sixty days from the execu- 
tion thereof." Act of Assembly, of March 28, 1830, entitled "An 
Act relative to mortgages." 

129. Is it a principle of law that a deed regularly recorded is to be 
considered as notice thereof to all the world ? 

Yes. 

130. Is it provided by the Acts of Assembly, that copies of deeds 
regularly recorded, being duly certified by the Recorder under his seal 
of office, shall be good evidence, and as valid and effectual in law as 
the deeds themselves ? 

Yes. 

131. What do the Acts of Assembly provide as to the recording of 
assignments in trust for the benefit of creditors ? 

That all such assignments which shall not be recorded, in the office 
of the Recorder of Dee'ds in the county in which the assignor resides, 
within thirty days after the execution thereof, shall be considered 
null and void, against any of the creditors of the assignor. 

132. Are all gifts, grants and sales of any estate or interest in lands 
required by law, to be in writing. 

By Act of Assembly, no estate, lease or interest of, in or to any 
lands, tenements or hereditaments, can be created, granted or assign- 
ed, unless by deed or note in writing signed by the parties or their 
agents lawfully authorized by writing ; except all leases not exceed- 
ing the term of three years from the making thereof. 

133. How are deeds, conveyances and mortgages, for land and real 
estate in this State, to be acknowledged or proven, in order to be 
recorded ? 

All deeds, mortgages, letters of attorney, and other conveyances or 
instruments of writing, concerning any lands, tenements or heredita- 
ments, situated or being in any part of this Commonweolth, may in 
order to their being recorded in the proper county, be acknowledged 



CH. VII.] COUNTY OFFICERS. 259 

or proven, and the separate examination of married women taken, 
before any of the judges of the Supreme Court of the State, or any 
of the President or Associate judges of the Court of Common Pleas 
or District Courts for any county in the State ; or before any mayor 
of a city, alderman or justice of the peace, in -the State ; or before 
any recorder of deeds for the county, in which the lands &c. are 
situated. 

And all such deeds, mortgages, or other conveyances or instruments 
of writing, may, for the purpose of being recorded in the proper 
county, be acknowledged and proven, and the separate examination 
of married women taken, out of the State, before any of the judges 
of the Supreme Court or District Courts of the United States, or any 
of the judges of the Supreme Court, or superior courts, or Courts of 
Common Pleas, of any State or Territory within the United States, 
or before any Commissioner appointed by the Governor of this State 
in any of the other States or the District of Columbia : Or, in foreign 
countries, before any consul, or vice-consul of the United Slates, in 
the state, kingdom, country, or place, where such deeds &c. may be 
executed; or before any mayor, chief magistrate, or officer, of the 
cities, towns or places where such deeds &c. are executed, the acknowl- 
edgments &c. to be certified under the public seal of such cities, 
towns or places. 

The Governor of the State is authorized, by Act of Assembly, to 
appoint one or more commissioners in each of the States of the 
Union, or in the District of Columbia ; to continue in office at his 
pleasure ; who shall have authority to take the acknowledgment and 
proof of any such deed &c. for any lands, tenements or hereditaments 
lying or being within this State. 

It is provided by Act of Assembly, that any release or other in- 
strument of writing, under seal, given to any executor, administrator, 
guardian, assignee, or trustee, for any legacy, debt, or other personal 
property, executed and acknowledged and proved as directed by the 
Act of Assembly, may be recorded in the Recorder's office, in any 
county, where the persons interested therein may reside, and that the 
certified copies or exemplifications by the Recorder, under his seal of 
office, of such releases and instruments of writing shall be good evi- 
dence thereof. 

134. What compensation for his services does the Recorder of 
Deeds receive ? 

He is allowed prescribed fees for every deed or instrument record- 
ed, or service performed, to be paid by the person for whom it is 
done. 

Sheriffs. 

135. How are sheriffs appointed? 

There is a sheriff elected, for the term of three years, for every 
•oounty, by the electors thereof, at the general election : and he is 
commissioned l>v the Governor, 



260 COUNTY OFFICERS. [PART III. 

136. What are the duties in general of the sheriffs? 

They are the executive officers of the' courts of the counties 
respectively, and as such authorized and bound to serve and exe- 
cute all writs, process, orders and sentences thereof. They are, also, 
by virtue of their office, conservators of the peace, and authorized to 
suppress riots, to prevent affrays, and to preserve the peace ; and to 
arrest all persons guilty of criminal offences, on personal view, and 
with or without warrant. They are keepers of the county gaols and 
prisons, except when it is otherwise ordered by law. They have 
also various other duties imposed on them by different acts of 
Assembly. 

137. Are sheriffs obliged to enter into recognizance and to give 
bond with sureties for the performance of their duties ? 

Yes. • 

138. Can the sheriff appoint deputies under him ? 

They may appoint, at their pleasure, under sheriffs or deputies, or 
gaolers, under them ; and remove them at pleasure ; for whose offi- 
cial acts they are responsible. 

139. May the sheriff require the assistance of the people in sup- 
pressing riots or affrays, or arresting criminals ? 

For such purpose he may raise the posse comitatus, or power of 
the county, that is, such a number of men as is necessary for his 
assistance ; and every person above the age of fifteen years, not aged 
or decrepid, is bound to obey his summons, a refusal to do so being 
an indictable offence. 

In the exercise of this power for the suppression of riots and 
unlawful mobs, the sheriff may employ armed persons, or the military. 
They act on such occasions under the command and direction of the 
sheriff. The sheriff may use all the force, even to the taking of life, 
which is necessarily required by the urgency of the case, in order to 
the suppression of a disorderly and dangerous riot or mob. 

140. What compensation does the sheriff receive for his services ? 

Certain fees for services performed, according to the fee bill estab- 
lished by law. And severe penalties are imposed upon him for 
demanding or receiving fees not thus allowed. 

141. How are vacancies in the office of sheriff filled? 

The Governor can appoint a sheriff, to fill the vacancy, until the 
next general election, when a sheriff is to be elected by the people. 

Coroners. 

142. How are Coroners appointed? 

They are elected by the electors of each county, at the general 
election, for the term of three years ; and they are commissioned by 
the Governor. Vacancies are filled as in the case of sheriffs. 

143. What are the duties, in general, of a Coroner? 

o a x ecute the office of sheriff, and perform all things appertain 



CH. VII.] COUNTY OFFICERS. 261 

ing thereto, in case of the resignation, removal or death of the sheriff, 
and until another sheriff shall be commissioned ; and to serve and 
execute all legal writs and process in which the sheriff is a party or 
interested. The coroner is, by virtue of his office, a conservator of 
the peace, and authorized and bound to preserve the peace, suppress 
riots and affrays, and to arrest offenders, on personal view, and with 
or without a warrant, and for this purpose to raise the posse comi- 
tates ; having, in these respects, the same powers which the sheriff 
possesses. He is, also, authorized to hold inquests post mortem, or 
on the bodies, of persons dying accidently or by violence. 

144. Are Justices of the Peace authorized to hold such inquests on 
dead bodies ? 

Yes ; in cases where there is no coroner, or he is absent from the 
county, or unable to attend. It is so provided by Act of Assembly. 

Directors of the Poor. 

145. What officers are Directors of the Poor? 

In some counties, by special Act of Assembly, the poor are sup- 
ported, and poor houses erected, at the expense of the county, and 
there are three Directors of the Poor, of whom one is elected every 
year, to serve for three years, by the electors of the etrtmty, at the 
general election ; who have the management of the poor house, and 
under whose direction the poor laws are carried into effect. See the 
head " Supervisors," further on, in this chapter. 

County Auditors. 

146. How are County Auditors elected? 

There are three County Auditors for each county, of whom one is 
elected every year, at the general election, to serve for three years. 

147. What are the duties, in general, of the County Auditors ? 

The Auditors of every county, any two of whom when duly con- 
vened shall be a quorum, shall audit, settle and adjust the accounts of 
the commissioners, treasurer, sheriff and coroner of the county, and 
make report thereof to the Court of Common Pleas of the county, 
together with a statement of the balance due from or to such officers. 
They are also authorized to settle the accounts of some other officers, 
as directed by Act of Assembly. 

148. What power may the County Auditors exercise, in their pro- 
ceedings, in order to settle the accounts of these officers ? 

They have power, by law, to issue subpcenas for, and to compel by 
attachment, the attendance before them of the officers whose accounts 
they are required to adjust, and of any persons whom it may be 
necessary to examine as witnesses, and to compel the production of 
all books, papers and vouchers relative to such accounts, in like man- 
ner and to the same extent as any Court of Common Pleas of this 
State can do in cases depending before them ; such subpoenas and 
attachments to be served by the sheriff or coroner of the county. 



262 COUNTY OFFICERS. [PART III. 

They have power to administer oaths and affirmations to all persons 
brought or appearing before them, whether accountants, witnesses or 
-otherwise. 

149. 'How often are they required to meet? 

The auditors of each county are required to assemble at the seat of 
justice thereof, on the first Monday of January in each year, and at 
such other times as they may find necessary for the performance of 
the duties required of them by law. 

150. May appeals be had from the reports of the County Auditors? 
An appeal may be had from such a report, either by the county or 

officer, or the Commonwealth in certain cases, to the Court of Com- 
mon Pleas of the county. 

151. Do the County Auditors receive any compensation for their 
services ? 

They are allowed one dollar and fifty cents each, for every day's 
necessary attendance upon the duties of their office. 

Deputy Sarveyors. 

152. Who are Deputy Surveyors ? 

Deputy Surveyors are appointed by the Surveyor General, one or 
more for each county. They have authority to locate warrants issued 
from the Land Office for vacant lands of the Commonwealth, to make 
surveys thereof, to return them to that office, and to perform other 
duties connected therewith. 

.Notaries Public. 

153. What officers are notaries public ? 

They are officers authorized to take the proof and acknowledgment 
of instruments of writing in relation to commerce and navigation, 
such as bills of sale, bottomries, mortgages and hypothecations of 
ships and vessels, contracts of freight, letters of attorney, and the like. 
They present bills of exchange, drafts, promissory notes, and com- 
mercial and negotiable paper generally, for acceptance and payment, 
and protest the same for non-acceptance and non-payment ; their 
certificates being made by law prima facie evidence thereof in courts 
of justice. Bills and notes in banks are thus protested by them. 
They may administer oaths and affirmations in matters relating to 
their duties. They keep a register of their acts ; and have a notarial 
seal, with which all their certificates and declarations are to be authenti- 
cated. They take an oath of office, and give bonds for the perform- 
ance of their duties. They receive fees of office, for particular 
services performed, as fixed by law. 

There are, in general, three notaries public in each county ; there 
being a greater number in the cities, and in some particular counties. 
They are appointed by the Governor, as provided by law, for the 
term of three years. 



CH. Til.] townshtp officers. 263 



TOWNSHIPS, AND TOWNSHIP OFFICERS. 

154. How are counties divided, in general, for the purposes of 
internal government ? 

Into townships. 

155. How may townships be erected, or altered as to their 
boundaries ? 

The several Courts of Quarter Sessions have authority, within their 
respective counties, to erect new townships, to divide any township 
already erected, and to alter the lines of any two or more adjoining 
townships, so as to suit the convenience of the inhabitants thereof. 

156. Are townships bodies corporate? 

Yes. They are made so by Act of Assembly. They are public 
municipal corporations. 

157. For what purposes are townships bodies corporate? 

As bodies corporate they have capacity to sue and be sued ; tO' hold 
real estate and personal property, for the objects authorized by law ; 
and to make contracts for the same objects. 

158. By whom are the corporate powers of townships exercised ? 
By the Assessors of the several townships. 

Township officers. 

159. What township officers are there ? 

Supervisors, Assessors, Township Clerk, Township Auditors, 
Overseers of the Poor, Justices of the Peace and Constables. 

160. How are township officers appointed or elected ? 

They are, in general, elected by the electors of the townships 
respectively, at the township elections, every year. 

161. Who are eligible to these offices ? 

No person shall be eligible to any township office unless he be an 
elector of the township for which he shall be chosen. 

162. Are all township officers required to take an official oath ? 
They are required to take and subscribe an oath or affirmation to 

support the constitution of the United States, and that of this Com- 
monwealth, and to perform the duties of their offices with fidelity. 

163. How often may a person be required to serve in any town- 
ship office ? 

Not more than three years in twelve. 

164. Is there generally a fine imposed by law upon a person who 
refuses to serve, when elected to a township office ? 

Yes. 



*264 TOWNSHIP OFFICERS. [PART III. 

Township elections. 

165. What officers are elected at township elections ? 

The township officers above mentioned; and inspectors and judges 
of the general election. School directors are also there elected, in 
townships where the general school law has been adopted, p 

166. Where are township elections held ? 

At such places in the townships respectively as are designated by 
law. 

167. At what time are township elections held ? 

Generally, on the third Friday of March, in every year; but in 
some townships a different time is fixed, by special Act of Assembly. 

Township Taxes. 

168. What are township taxes ? 

Taxes, called township rates and levies, laid and assessed by the 
township Supervisors, to pay for laying out and keeping in repair the 
public roads and bridges ; and by the Overseers of the Poor, for the 
support of the poor ; and the expenses incident thereto, in the town- 
ships respectively. There is also a school-tax, assessed by the 
school directors, in those townships or school districts, where the 
general school law has been adopted.^? 

169. On what are township taxes laid ? 

Upon real and personal property, offices, trades and occupations. 

170. How are township taxes to be assessed and rated? 

In every case in which a rate or assessment shall be laid for town- 
ship purposes, it is provided by law, that the same shall be levied 
upon the basis of the last adjusted valuation made for the purpose of 
regulating county rates and levies. And in making such assessment 
the supervisors and overseers respectively shall take to their assistance 
the towship assessor for the time being. 

171. What amount of taxes may the supervisors lay and assess ? 
An amount not exceeding one cent in the dollar of the valuation of 

the property taxed. 

172. What amount of taxes may the Overseers of the Poor lay 
and assess ? 

An amount not exceeding one cent on the dollar of the valuation of 
the property taxed. 

173. How are township rates and levies collected? 

By a collector appointed for the purpose annually by the Supervi- 
sors and Overseers of the Poor at a joint meeting ; on warrants issued 
to him by the Supervisors and Overseers of the Poor respectively. 

p See, further on, head " Common School System." 



CH. VII.] TOWNSHIP OFFICERS. 265 

174. Where there shall not be in any township a treasurer elected 
or appointed, how are the township taxes to be collected and paid out? 

In such case, it shall be the duty of the Supervisors, and Over- 
seers of the Poor, of the township, either by themseves or by a per- 
son duly authorized by them respectively, to collect the township 
rates and levies by them respectively laid ; and to pay out, as occasion 
may require, the monies received by them respectively. 

175. Are there appeals allowed from township rates and assess- 
ments ? 

Any person aggrieved by a township rate or assessment may apply 
by petition to the Court of Quarter Sessions of the proper county, 
whose order thereon shall be conclusive. 

Supervisors. 

176. How are supervisors elected ? 

In general, there are two Supervisors elected annually by the electors 
of each township, to serve for one year. 

177. How are vacancies in the office, by death or otherwise, filled? 
By the appointment of the Court of Quarter Sessions of the proper 

county. 

178. What are the duties of township supervisors? 

In general, they are to exercise the corporate powers of the town- 
ship ; to act as supervisors of the public roads and highways, and to 
lay out, open, make and keep them in repair; and to make and repair 
public bridges ; and they are authorized to lay a rate or assessment, 
as prescribed by law, for such purposes, and to defray debts and 
expenses incurred in the performance of these duties. There are 
also special duties imposed on them by Acts of Assembly. 

179. Do the supervisors receive any compensation for their services ? 
They are allowed a dollar a day for each day they are necessarily 

employed in discharging the duties of their offices. 

Assessors. 

180. How are assessors elected? 

There are elected by the electors of each township every year an 
Assessor, and every third year two Assistant Assessors, to serve for 
one year. 

181. What are the duties, in general, of the Assessors ? 

On the precept or warrant of the County Commissioners, to take 
a list of all the taxable inhabitants of the township, their offices, trades, 
and occupations, with an account of all the taxable property therein, 
to make a valuation of such property, and to assess and rate thereon 
proportionably the amount of taxes directed by the County Commis- 
sioners for the use of the county. 
33 



266 TOWNSHIP OFFICERS, [PART III. 

182. Have they duties to perform in relation to the township rates 
and levies ? 

They are required to assist the Supervisors and Overseers of the 
Poor in assessing and rating the township rates and levies. 

183. What is their duty in relation to taking an enumeration of the 
taxable inhabitants of the Commonwealth ? 

They are required, on the warrant or precept of the County Com- 
missioners, every seventh year, to take a just and true account of the 
names and occupations of every taxable person of the age of twenty- 
one years, whether male or female, within their respective townships 
or wards. In such accounts the number of negro slaves, as also the 
number of deaf and dumb and the number of blind persons, in the 
respective townships, are to be accurately taken. 

184. What pay do they receive for their services ? 

A dollar for every day necessarily employed in the performance of 
their duties. 

Township Clerk. 

185. How is the township clerk elected or appointed? 

The electors of each township may elect a township clerk, at the 
township elections, to serve for one year. 

186. When the electors of a township neglect to elect a town clerk, 
may the Court of Quarter Sessions of the county appoint one ? 

Yes. 

187. What is the duty of a township clerk ? 

To act as clerk of the supervisors of the township, and to keep a 
minute of their proceedings ; and to keep a book for the purpose of 
entering all matters, of which he shall be required by law to keep a 
record, which book shall be open to the inspection of all persons who 
may have occasion to search therein. 

188. What is his duty particularly as to strays ? 

Any person taking up on his improved or enclosed lands any stray 
horse, cattle, or sheep, is required by law to give notice thereof to the 
owner if he can be found, or otherwise to deliver a particular descrip- 
tion of such stray to the township clerk, whose duty it is to enter 
the same on his book. 

Township Auditors. 

189. How are township auditors elected? 

There are three auditors for each township, one of whom is elected 
every year, by the electors of the township, to serve for three years. 

190. What are the duties of the township auditors ? 

To audit, adjust and settle, every year, the accounts of the supervi- 
sors, and of such other township officers as may be referred to them. 



€H. VII.] TOWNSHIP OFFICERS. 267 

191. What is their duty as fence viewers? 

They are required to perform the duties of fence viewers, under the 
Acts of Assembly for regulating and maintaining fences, and for 
regulating line fences. 

Overseers of the Poor. 

192. How are Overseers of the Poor elected ? 

Generally, there are two Overseers of the Poor elected by the 
electors of each township every year, to serve for one year. Vacan- 
cies in the office by death, or otherwise, are filled by the appointment 
of the Court of Quarter Sessions of the Peace of the county. 

193. Have the laws of Pennsylvania always shewn a peculiar 
regard for the poor ? 

Yes ; in providing for their maintenance, when destitute, under the 
poor laws ; and in exempting articles of property necessary for their 
support from execution for debt. 

194. What is the general system of the poor laws, in this State ? 
That the poor of every township shall be maintained at the expense 

thereof. The township in which a pauper had his "last settlement" 
is chargeable for his support, when that can be ascertained ; if not, 
the township where he is found. 

195. What is the duty of the Overseers of the Poor? 

To provide for the support of the poor in their township ; and to 
perform various other duties, as required by Acts of Assembly. 

196. Are they authorized to lay a tax? 

They are authorized, with the approbation of two Justices of the 
Peace of the county, to lay a rate or assessment, not exceeding one 
cent in the dollar at one time, upon all real and personal estates and 
property, taxable for county rates and levies, within their township. 

197. Are the poor provided for in some of the counties at the 
expense of the proper county, and under a particular arrangement ? 

In some counties there are poor houses, erected at the expense of 
the county, in which all the paupers are maintained at the like expense, 
either out of the general county rates and levies, or by a poor tax 
levied and collected for the purpose ; there being Directors of the Poor 
elected by the electors of the county, at the general election, for one 
or more years. These poor houses are, also, generally, houses for 
the employment of the poor. 

198. What system is there for the support of the poor in the city 
of Philadelphia? 

Under a special Act of Assembly, " The Guardians of the Poor of 
the city of Philadelphia, the district of the Northern Liberties, and 
the District of Southwark," have the management of the poor house, 
or house of employment, and levy and collect taxes for the support 
of the poor, and under their direction the laws in relation thereto are 
carried into effect, within the said citv and districts. 



268 TOWNSHIP OFFICERS. [PART III. 

Justices of the Peace. 

199. How are Justices of the Peace appointed ? 

There are two or more Justices of the Peace elected at the town- 
ship elections, for each township, borough and ward, and commission- 
ed by the Governor, for five years. 

As to the nature of the powers and duties of Justices and Aldermen, 
see those heads under the title Judiciary, Part the Third, chapt. VI. 

Constables. 

200. How are constables appointed ? 

There is, generally, one constable elected and appointed for every 
township, to serve for one year. Two persons are elected for the 
office, for every township, borough or ward, at the election thereof; 
of whom one is appointed by the Court of Quarter Sessions of the 
county ; the court to give, in all cases, a preference to the person high- 
est on the return of the election, if he be duly qualified, or offers to 
give security as required. 

It is required that, in order to be appointed constable, a person shall 
possess a freehold estate, of the clear value of one thousand dollars, 
or give security in the requisite sum, for the faithful discharge of his 
duties. 

In some townships, boroughs and wards, there are more than one 
constable appointed for each of them, by special Acts of Assembly ; 
the election and appointment to be made as above stated. 

No deputy can be appointed by a constable, either by general or 
special deputation, without the approbation of the Court of Quarter 
Sessions of the proper county ; except the same be made specially, in 
some civil suit or proceeding, at the request and risk of the plaintiff. 

Vacancies in the office are filled by the appointment of the Court 
of Quarter Sessions of the proper county. 

As to the nature of their powers and duties, see title Judiciary, and 
head Constables, Part the Third, chapt. VI. 

CITIES AND OFFICERS THEREOF. 

201. What are cities? 

Large towns, the inhabitants of which have been incorporated, by 
Act of Assembly, as cities, with power to make by-laws and ordi- 
nances, for their government in relation to certain local matters, and 
not inconsistent with the constitution and laws of the State ; to appoint 
officers under them, and to levy and collect taxes for those purposes. 

202. What officers are there, in general, of a city, under its Act of 
incorporation ? 

A Mayor, q members of the city council, treasurer, high constable 
and assistant constables. 

7 See head Mayor, above, p. 164. 



CH. VII.] CITIES AND BOROUGHS. 269 

203. Are the cities, by law, parts of the counties, respectively, in 
which they are situated ? 

Yes, unless it is otherwise specially provided by Act of Assembly. 

204. Do the general laws of the State operate within the cities ? 
Yes ; except where it is otherwise provided by special Act of As- 
sembly. 

205. What are the officers within the cities under the general laws 
of the State? 

The judges and other officers of the courts of justice ; and the seve- 
ral county officers, as sheriffs, coroners, registers, recorders, county 
commissioners, county treasurer, and county auditors ; and in the 
wards respectively, assessors, collectors of taxes, aldermen, and con- 
stables. 

BOROUGHS AND OFFICERS THEREOF. 

206. What are boroughs ? 

Incorporated towns, the inhabitants of which are authorized by 
their act or charter of incorporation to make and enforce by-laws or ordi- 
nances for the regulation of certain local matters, to elect or appoint 
borough officers, and to levy and collect taxes for such purposes. 

207. What officers, in general, are there in a borough under its 
charter or act of incorporation ? 

A chief burgess, assistant burgess, members of town council, trea- 
surer, town clerk, and high constable and his assistants. 

208. How may towns become incorporated as boroughs ? 

By special act of Assembly, or by the Courts of Quarter Sessions 
of the Peace of the counties respectively in the manner prescribed by 
the general law on the subject. 

209. Are boroughs parts of the townships respectively in which 
they are situated ? 

Yes ; except where it is otherwise especially provided by law. 

210. Do the general laws of the State operate within the boroughs ? 
The laws of the State operate within them as in other parts of the 

township or county. 

211. What officers under the general law of the State are there 
within a borough? 

An assessor and assistant assessors, collector of taxes, Justices of 
the Peace, and constables, within the borough or each ward thereof. 



CHAPTER VIII. 

OF ELECTIONS, IN GENERAL. 

1. What is the provision in the Constitution as to elections gener- 
ally ? 

"Elections shall be free and equal." Cons, of Pa. Art. IX. 
sect. V. 

2. What does the Constitution providers to the manner of voting 
at elections ? 

" All elections shall be by ballot, except those by persons in their 
representative capacities, who shall vote viva voce." Cons, of Pa. 
Art. III. sect. II. 

In elections by the Legislature, the members vote, " in their repre- 
sentative capacities," viva voce, by word of mouth. 

Qualifications of electors. 

3. Who have a right to vote at elections ? 

"In elections by the citizens, every white freeman of the age of 
twenty-one years, having resided in this State one year, and in the 
election district where he offers to vote ten days immediately pre- 
ceding such election, and within two years paid a State or county tax, 
which shall have been assessed at least ten days before the election, 
shall enjoy the rights of an elector. But a citizen of the United States 
who had been previously a qualified voter of this State, and removed 
therefrom and returned, and who shall have resided in the election 
district, and paid taxes, as aforesaid, shall be entitled to vote, after re- 
siding in the State six months : Provided, That white freemen, citizens 
of the United States, between the ages of twenty-one and twenty-two 
years, and having resided in the State one year, and in the election 
district ten days as aforesaid, shall be entitled to vote, although they 
shall not have paid taxes." Cons, of Pa. Art. III. sect. I. 

Privilege of electors. 

4. Are electors privileged from arrest, while attending elections ? 
By the Constitution, "Electors shall in all cases, except treason, 

felony, and breach or surety of the peace, be privileged from arrest 
during their attendance on elections, and in going to and returning from 
the same." Cons, of Pa. Art. III. sect. III. 

Different kinds of elections. 

5. How may elections, in general, be classed ? 

There are, the general election ; township, borough or ward elec- 
tions ; special elections ; and the election, every four years, for electors 
of President and Vice President of the United States. 



CH. VIII.] ELECTIONS. 271 

Officers of elections. 

6. By what officers are all these elections conducted ? 

By judges and inspectors previously elected by the people at the 
township, borough or ward elections, and by clerks appointed by 
those officers. There are two inspectors and one judge elected for 
each township, borough, ward or district; and a clerk is appointed by 
each inspector. At the township or ward elections each elector votes 
for one inspector ; and the two persons having the greatest number of 
votes are the inspectors. 

These inspectors, judges and clerks conduct all the general, special, 
township or ward, and Presidential elections, to be held during the 
year. 

No person can be an officer of an election, who is not a qualified 
voter of the district. 

No person holding an office under the general or State government, 
except a militia or borough officer, can be an officer or clerk at any 
general or special election. 

Election officers are bound by special oath or affirmation to dis- 
charge their duties with fidelity ; and severe penalties are imposed by 
law upon them for neglect of duty, bribery, fraud, unfair practices or 
misbehaviour. 

No officer or clerk of any election is eligible to any office at such 
election ; except to a township office. 

The election officers receive a dollar and fifty cents a day for their 
services, to be be paid by the county. 

Mode and place of voting. 

7. What is voting by ballot? 

Voting in such a manner that it is not known for whom the parti- 
cular elector votes. 

8. How are votes given in this State ? 

By written or printed votes or tickets, containing the names of the 
persons voted for, a separate ticket for each office, folded so as to con- 
ceal the names ; the tickets of all the voters being put together indis- 
criminately in suitable boxes, and not opened until the election is 
closed. 

9. At what place of election can an elector vote 1 
Only at the place of election in the township, borough, ward oj 

district, in which he resides ; at any election. 

Manner of conducting elections, 

10. How are the elections, in general, conducted? 
The polls are opened on the day of election, at the hour fixed by 

law, by the officers and clerks of the election being assembled a/ the 
proper place in the election district, with the necessary ballot boxes, 
and papers, for the purpose of receiving votes ; having prev/ouslv 
taken and subscribed the requisite oaths or affirmations. EacK voter 
offers his ticket or tickets personally to one of the inspectors/ The 



212 ELECTIONS. [PART III. 

inspectors and judge have a light to require the prescribed proof of 
his qualifications ; the judge to decide thereon. The voter's ticket 
or tickets, if his right to vote is admitted, is or are received by one of 
the inspectors, and by him deposited in the proper box or boxes. 
The name of each voter is called out aloud by the inspector, by him 
marked on the list of taxables of the district furnished by the County 
Commissioners, and also entered by each of the clerks on a list of voters 
to be kept by him. There is a ballot box for each office voted for. 
The tickets voted are all thus deposited and kept together indiscrimi- 
nately in the proper box or boxes, and not opened or inspected until 
after the polls are closed at the hour appointed by law. When the 
polls are closed, the boxes are then opened separately, and the inspec- 
tors take out the tickets, one by one, in the presence of the judge, 
and read aloud the names thereon, an account of which, as thus read 
out, is entered by each of the clerks on tally papers, The number 
of votes given for each candidate is then cast up ; the judge pub- 
licly declares the number of votes given for each person, and for what 
office ; and a certificate thereof is made out by the inspectors and 
judge, under their hands and seals. At every election, immediately 
after these proceedings, the tickets voted, the list of taxables, and one 
of the tally papers, and one copy of the oaths and affirmations of 
the officers, are sealed up in a box or boxes, and delivered by one of 
the inspectors to a Justice of the Peace for safe keeping ; and the 
other duplicates of those papers are inclosed and sealed, and directed 
or delivered to the proper officer, according to the nature of the elec- 
tion, as directed by law. 

This is the mode of proceeding, in general, at any of the above 
mentioned kinds of election, as to an election held only by the citizens 
of one township, ward or district, or as to the votes given only by 
them at a general election. The certificates of the election, or of their 
votes, are to be returned or used, according to the nature of the elec- 
tion, as directed by law. See the other heads in this chapter. 

Plurality of votes. 

In all these elections by the citizens, the election of the candidate 
or candidates is determined by a plurality, not a majority of the votes ; 
that is, the person having the highest number of all the votes given is 
elected. 

General elections. 

11. What is the general election 1 

The election for State and county officers ; which is held at the 
same time, the second Tuesday of October, every year, in the different 
election districts throughout the State. 

12. At what places is the general election held ? 

Election districts are established by law, consisting of a township 
or townships, borough or ward, or parts thereof, and a place is fixed 
for hoHing the general election therein. 



CH. viil] elections. 273 

13. What notice is given of the general election ? 

It is the duty of the sheriff of every county to give notice by 
public advertisement of the time and places of holding the general 
election therein, and of the officers to be elected. 

14. How is the general election conducted, in the different 
districts ? 

Every general election is to be opened between the hours of eight 
and ten in the forenoon, and continued without interruption or ad- 
journment until seven o'clock in the evening, when the polls are to 
be closed ; except in the cities of Philadelphia and Lancaster, and in 
some particular districts, where the polls are not to be closed until a 
later hour in the day. 

The election is to be held in each district of every county, by the 
inspectors and judge of elections, in the same manner as is above 
stated with regard to elections generally, until the election is closed, 
and the certificate of the votes given is made out. The judge of the 
township, ward or district then takes charge of the certificate, and 
produces the same at a meeting of one judge from each district of 
the county, at the court house, on the third day after the day of the 
election. This is called the meeting of the return judges of the 
connty. 

When the voters of more than one township, ward or district, hold 
their election at the same place, besides the certificate made out 
by the election officers of each township, ward or district, of the 
number of votes given therein, there is, also, a certificate made out 
by all the judges together of the whole number of votes given at 
such place of election, to be produced by one of those judges at the 
meeting of the return judges of the county. At the meeting of the 
retnrn judges so held, and being organized as a Board, with one of 
them as President, and having two clerks, all the votes given in the 
county, according to those certificates, are to be added together, with 
respect to each officer voted for; and duplicate certified statements 
thereof are to be made, signed by all the return judges, and attested 
by the clerks of the meeting. These certified statements are called 
election returns. Of the duplicate returns, one is to be deposited 
with the prothonotary of the county, to be filed in his office, and the 
other inclosed under seal, and directed to certain officers designated 
by law. There are, also, certificates of election furnished by the 
return judges to the persons elected, as to some offices; aud as to 
others, notice of their election is given by the prothonotary. 

Such is the mode of proceding at a general election in a county in 
reference to officers whom the electors of the county are entitled to 
choose for themselves, unconnected with any other county. Where 
two or more counties compose a district for the choice of one or 
more Representatives in Congress, or Senators or Representatives in 
the State Legislature, the election returns for each county are first 
made out, in the manner above stated ; and one of the return judges 
34 



274 ELECTIONS. [PART III. 

of each county takes charge of a certificate of the number of votes 
given in that county for any officer to be thus chosen, and produces 
the same at a meeting of a judge from each county of such district, 
to be held at a time and place fixed by law, by whom returns for the 
whole district is to be made out. 

Township, borough or ward elections. 

15. What are township, borough or ward elections ? 

Elections held in the respective townships, boroughs or wards, for 
officers thereof, such as assessors, supervisors, overseers of the poor, 
justices of the peace, constables, township treasurer, town clerk, and 
township auditors. Inspectors and judges of elections are, also, 
elected at these elections. 

16. When are these elections held? 

In general, at the same time, the third Friday in March, in every 
year, throughout the State ; but as to some townships, a different 
time is fixed, by special Acts of Assembly. Notice of every such 
election is given by the constable of the township, or in case of his 
neglect or absence or death by the supervisor. 

There are elections, also, in the cities and boroughs for officers 
under their charters or acts of incorporation. 

Special elections. 

17. What elections are these ? 

Elections to supply vacancies in offices, held at some other time 
than the day of the general election. Such an election is held to 
fill a vacancy in the case of a member of the State Legislature, or a 
Representative in Congress. 

Electors of President and Vice President. a 

18. How are electors of President and Vice President of the 
United States chosen in Pennsylvania? 

By the qualified citizens of the State, at elections held at the 
places of the general election in the several townships, wards or dis- 
tricts. The election is held on the Tuesday next following the first 
Monday in November, every fourth year, by general ticket, throughout 
the State ; as provided by Act of Congress, of 1845. 

19. At what time and place do the electors assemble to give their 
votes for President and Vice President ? 

On the first Wednesday in December after their election, at the 
seat of government of the State. 

20. How is a vacancy among the electors to be filled ? 

In case of a vacancy among them at the time of assembling, by 
death, or failure to attend from any cause, a person to fill the vacancy 
is chosen by the electors present. 

a See Part the First, chap, vii, p. 89, 90. 



CH. IX.] ELECTIONS. 215 

Contested elections. 

21. How are contested elections determined ? 

The legality of the election of any officer may be contested, and 
an inquiry had thereon, on the application of the citizens, in the 
manner directed by law. Contested elections of Representatives in 
Congress are decided by the House of Representatives of the United 
States ; of members of the Legislature by the Senate or House of 
Representatives respectively ; of State officers by the Legislature ; 
and of county and township officers, by the Courts of Quarter 
Sessions of the counties respectively. 



CHAPTER IX. 

COMMON SCHOOL SYSTEM. 

1. What are the provisions of the constitution of the State in rela- 
tion to education? 

" The Legislature shall, as soon as conveniently may be, provide 
by law for the establishment of schools throughout the State, in 
such manner that the poor may be taught gratis." Cons, of Pa. Art> 
VII. sect. I. 

" The arts and sciences shall be promoted in one or more semina- 
ries of learning." Cons, of Pa. Art. VII. sect. II. 

The old system of educating the poor gratis. 

2. What was the mode of educating the children of the poor, as 
provided by the Acts of Assembly passed before the present general 
€ystem of education? 

The assessors of the several townships, wards and districts, were 
required annually, by the precepts of the county commissioners, to 
receive from the parents the names of all the children residing therein, 
between the ages of five and twelve years, whose parents were unable 
to pay for their schooling, and to return lists of the names to the 
county commissioners ; the county commissioners were authorized to 
make alterations or additions to the lists; and the assessors were then 
required to inform the parents of the children whose names were on 
the corrected lists that they were at liberty to send them to the most 
convenient school free of expense ; the teachers were to keep an 
account of the number of days each child so entitled should be (aught, 
and the amount of stationary furnished for the use of such child, an 
account of which was to be rendered by the teacher to the county com- 
missioners, and if approved by them, to be paid by their order on 
the county treasurer for the amount thereof. 



216 COMMON SCHOOLS. [PART III. 

3. Are these acts now in force in any parts of the State ? 

No ; but there is a mode provided by law, by which the children 
of parents who are unable to pay for their tuition, in districts where 
the common school system has not been accepted by the taxable 
inhabitants, shall be taught gratuitously by the direction of the School 
Directors of the district, and the expense thereof be borne by a 
school tax assessed by them in the district. See Non-accepting Dis- 
tricts, further on, page 281. 

Common School Funds. 

4. What is the Common School Fund in this State ? 

By the Act of Assembly of the 2d of April 1831, there was "estab- 
lished a fund to be denominated a Common School Fund, of which 
the Secretary of the Commonwealth, the Auditor General, and the 
Secretary of the Land Office, are to be the commissioners ;" to which 
were assigned all monies due the Commonwealth on unpatented lands, 
or for lands, or that may be paid to the commonwealth on any war- 
rant or patent for land, all fees received in the land office, and the 
proceeds of certain State taxes ; the State Treasurer to report annually 
the amount of money received by him from the above mentioned 
sources to the said commissioners, with a certificate of the amount 
thereof, and that the same is held by the Commonwealth for the use of 
the Common School Fund, at an interest of five per cent, per annum ; 
the amount of the monies belonging to the said fund to be added to 
the principal as it becomes due, and the whole amount thereof to be 
held by the Commonwealth until the interest thereof amounts to the 
sum of one hundred thousand dollars annually, after which the inter- 
est shall be annually applied to the support of common schools 
throughout the Commonwealth, in such manner as shall be directed 
by law. 

By an Act of Assembly of 1834, a plan was enacted for commenc- 
ing common schools in the State ; by which school divisions and 
districts were established throughout the State, and it was provided 
that the schools should be supported by such an amount of tax in 
each division or district, if auy, as the citizens thereof should deter- 
mine, and by an annual State appropriation, to be apportioned among 
the several divisions or counties and districts, which adopted the 
system, according to the number of taxable inhabitants therein respec- 
tively. Under that Act there was an annual appropriation of seventy 
five thousand dollars paid out of the common school fund, in the year 
1835 and 1836, for these purposes. The system was first in opera- 
tion in the year 1835. 

By an Act of Assembly of 1836, there was a State appropriation 
made, for the support of common schools, of two hundred thousand 
dollars, out of the general means of the treasury, for the year 1837, 
to be apportioned among those school districts, according to the num- 
ber of their taxable inhabitants respectively, which should be entitled 
to the same by adopting the system and levying a school tax not less 
than equal to, nor more than treble, their portion of the appropriation 



CH. IX.] COMMON SCHOOLS. 277 

under the act. In 1838 the State appropriation, out of the general 
means of the treasury, was five hundred thousand dollars, to be 
expended in building school houses or in paying for tuition. 

By an Act of 1838, it was provided that the State appropriation 
for common schools should be annually, after that year, a sum equal 
to one dollar for every taxable inhabitant in the Commonwealth, out 
of the general means of the treasury, to be apportioned among the 
several districts, which should be entitled to the same by having 
adopted the system and levied a tax as under the Act of 1836. The 
State appropriations have been according to these two last mentioned 
Acts of Assembly until the year 1843. 

There was a State appropriation for Common Schools, out of the 
general means of the treasury, for the (school) year 1844, two hundred 
and fifty thousand dollars; for the year 1845, two hundred thousand 
dollars ; and for the year 1846, two hundred thousand dollars ; to be 
apportioned among the several districts, according to the number of 
their taxable inhabitants, which should levy a school tax therein as 
above mentioned. 

In the annual report of the Superintendent of Common Schools, it 
is stated that in the (school) year 1844 the State appropriation paid to 
the accepting districts, exclusive of that of Philadelphia city and 
county, amounted to $264,520 ; and the school tax levied in the 
several districts, to $391,340 ; making the whole amount set apart for 
school purposes $655,860. And in the report the whole actual 
expenditure, in those accepting districts, during that year, for school 
purposes, is estimated to have been about $600,000. 

Besides the appropriations made, as above mentioned, for the pur- 
poses of education by common schools, there have been large annual 
appropriations paid by the State in aid of colleges and academies, for 
a number of years past, until the present year, a 

Superintendent of Common Schools. 

5. Who is the superintendent of Common Schools ? 
The Secretary of the Commonwealth. 

6. What are his duties, in general ? 

To prepare blank forms, with proper instructions, for making dis- 
trict reports, and for conducting proceedings under the system ; to 
give to the several boards of school directors such information as he 
may deem necessary for the improvement of the schools; to submit 
to the Legislature an annual report of the common schools throughout 
the commonwealth, of the estimates and expenditures, together with 
plans of improvement, and such matters in relation to common schools 
as he may deem it expedient to communicate; to sign all orders on 
the State Treasurer for the payment of money to the treasurers of 
the several school districts : to transmit to the county commissioners 
of each county, annually, in the month of February, a statement of 
the amount which every school district in the county may be entitled 
to receive out of the annual State appropriation for common schools, 

ft See the last head in this chapter. 



278 COMMON SCHOOLS. [PART III. 

lo be published by the said county commissioners according to law. 
He is authorized to settle controversies among the directors of any 
district, or adjoining- districts, concerning the duties of their office, 
the distribution of the State appropriation, or the levying and collect- 
ing of taxes. 

7. Does he receive a salary for his services ? 

He receives a salary of five hundred dollars per annum, payable 
by the State. 

School districts. 

8. What is a school district? 

By law, every township, borough, and ward within the Common- 
wealth, (except in the city and county of Philadelphia) shall constitute 
a school district. In a few instances, there are townships divided, by 
special Act of Assembly, into several districts. 

In each district there is a board of directors, and a treasurer thereof, 
Each school district is thus separately organized, for its peculiar pur- 
poses ; being independent of, and having no connection with county, 
or township officers. 

The directors of a district are authorized, if they deem it expedient, 
to divide the district into sub-districts, the citizens of each of which 
may elect a committee of three persons, to attend to its local affairs, 
subject to the orders of the board of directors. 

The whole number of school districts in the State, at the close of 
the year 1844, was eleven hundred and seventy. 

Philadelphia city and county form one district, called the first dis- 
trict ; which is not subject to the general school laws, but has a pecu- 
liar system provided for by special Acts of Assembly. 

The number of districts that received their portion of the State 
appropriation, having adopted the common school system and levied 
a tax under it, was in the year 1844 nine hundred and thirty-nine. 

The number of schools reported as being in operation within the 
year 1844, was five thousand nine hundred and ninety-three ; there 
being schools that were not regularly reported to the Superintendent. 
The whole number of scholars in that year, as reported, was two 
hundred and eight thousand four hundred and two. 

9. Is the common school system in operation in all the school dis- 
tricts of the Commonwealth ? 

By the Acts of Assembly it is provided, that it should be in opera- 
tion, and appropriations under it be made, only to those school dis- 
tricts the qualified voters of which should agree thereto, and adopt the 
same, in the manner directed by law ; and some districts in the State 
have not adopted it. 

10. How are the school districts classed in reference to their adop- 
tion of the common school system ? 

Into accepting, and non-accepting districts- 



CH. IX. J COMMON SCHOOLS. 279 

11. May the common school system be discontinued or rejected in 
an accepting district? 

Yes ; it mav be discontinued in any district, " by a clear majority 
of the votes polled at a triennial meeting of the taxable citizens of the 
district," to be held in the manner directed by law. 

School directors. 

12. How many school directors are there for each district ? 
There are six school directors for each district ; two of whom are 

elected annually to serve for three years, by the qualified voters of the 
district. 

13. How is each board of school directors organized ? 

By choosing a president and secretary, out of their own number ; 
and they are required to appoint a treasurer of the district. 

14. How are vacancies in any board of school directors to be rilled? 
The board of school directors has power to fill any vacancy that 

may occur by death, resignation, or otherwise, until the next election. 

15. What are the duties, in general, of the school directors of any 
accepting district? 

1 . To establish a sufficient number of common schools for the educa- 
tion of every individual above the age of four years, in the district, 
who may apply, either in person or by his or her parents, guardian or 
next friend, for admission and instruction ; to keep the said schools 
open at least six months in every year, if they shall have funds for 
that purpose. 2. To cause suitable buildings to be erected, rented, or 
hired, for schools, and to supply the schools with fuel. 3. To exer- 
cise a general supervision over the schools of their respective districts, 
and fix the amount of the salaries of the teachers. 4. To pay all ne- 
cessary expenses of the schools, by orders drawn on the district trea- 
surer, signed by the president and countersigned by the secretary of 
the board. 5. To visit, by one or more of their number, every school 
within their district, at least once in every month, and to cause the 
result of such visit to be entered on the minutes of their board. 6. 
To make an annual report to the superintendent of common schools, 
setting out the number of scholars, the condition of the schools, the 
character of the teachers, the branches of study taught, the expendi- 
tures, and other particulars as directed by law. 

In boroughs and wards, the directors of a district may appoint an 
inspector, for the " visitation, inspection and care of the schools" in it. 

16. What are the duties, in general, of the school directors of non- 
accepting dirtricts? 

To cause returns to be made to them, by the assessors, every year, 
of the names of the children in the'district, whose parents are unable 
to pay for their tuition, to provide for the education of such children, 
and to lay a school tax on the taxable persons and property within 
the district to defray the expense thereof. See further on. the head 



280 COMMON SCHOOLS. [PART III. 

4i Non-accepting districts." They are also required to call, annually, 
a meeting of the qualified citizens of the district, in order to determine 
by their votes whether they will accept or not the common school 
system. See the head " Non-accepting districts." 

17. Have the school directors of every accepting district power to 
purchase and hold real and personal property, which may be necessa- 
ry for the establishment and support of schools, and to sell the same 
when it shall no longer be required for such purposes ? 

Yes. 

18. Do the school directors receive pay for their services ? 

No. Neither the directors, treasurer, or school committee, receive 
any pay or emolument. 

19. What privileges do the law give them? 

They are, by law, exempt, during the time they perform the duties 
of their offices, from the performance of military duty, and from serv- 
ing in any township or borough office. 

School tax. 

20. Have the school directors of every accepting district power to 
assess a school lax ? 

The school directors of every accepting district are required by law 
to cause to be levied, annually, such an amount of tax on the district 
as they may think necessary for school purposes, not less than equal 
to, nor more than treble the amount which the district is entitled to 
receive out of the annual State appropriation, or, as the law has been 
construed, of its portion in the appropriation of 1837 ; it being neces- 
sary, in order to raise any additional sum, that it should be decided 
how much and what additional sum should be so raised, by the votes 
of a majority of the taxable inhabitants of the district, at a meeting to 
be held as directed by law. 

21. How is a school tax to be assessed? 

The school directors of each district are required to assess the amount 
of the tax on the property and objects taxable for county rates and 
levies, and on certain property taxable for State purposes, within the 
district, on the basis of the last adjusted valuation of the same, made 
by the assessors for such purposes, a corrected copy of which is to be 
furnished to them by the county commissioners. 

22. How is the school tax to be collected ? 

By the township or borough collector, or some suitable person ap- 
pointed by the board of school directors, on their warrant. 

23. Can the school directors in non-accepting districts lay a school 
tax? ' 

The school directors of every non-accepting district are required by 
law, to cause to be assessed a school tax on the district for thepurpose 
of defraying the expense of the education of the children of the poor 
•within the district. See head V* Non-accepting districts." 



CH. IX.] COMMON SCHOOLS. 281 

Treasurer of school district. 

24. How is the treasurer of a school district to be appointed ? 
By the board of school directors, every year. 

25. What is his duty ? 

The district treasurer shall receive all moneys belonging to the dis* 
trict, whether the same be derived from appropriations by the State, 
district taxes, private donations, or otherwise, and shall pay out the 
same, on orders drawn by the president and attested by the secretary 
of the board of directors, and his accounts shall be audited and adjusted 
as the accounts of townships and boroughs are directed by law to be 
audited and adjusted. 

26. Does he receive any pay 1 

No ; he is, however, exempted by law from being compelled to serve 
in any township or borough office, or from the performance of milita- 
ry duty. 

Teachers. 

27. How are teachers to be appointed ? 
By the board of school directors. 

28. Is it required that the teachers be examined as to their qualifi- 
cations 1 

It is directed by law that no person shall be employed as a teacher, 
who has not been examined by the school directors of the proper dis- 
trict, and received from a majority of them a certificate of his being of 
a good moral character and duly qualified ; which certificate is to be 
renewed annually. 

Non-accepting districts. 

29. May the common school system be adopted in any district, by 
the citizens thereof, where it has not been before accepted ? 

The school directors in every non-accepting district are required to 
call, annually, a meeting of the qualified citizens thereof, in the man- 
ner directed by law, at which their votes are to be taken for " schools," 
or " no schools ; " and if a majority of the votes are in favor of 
"schools," the directors shall proceed to establish schools in the dis- 
trict, under the common school system, and the district is to be con- 
sidered an accepting district. 

30. May the common school system be discontinued in any accept- 
ing district, by the citizens thereof? 

Yes ; "by a clear majority of the votes polled at a triennial meeting 
of the taxable citizens of the proper district," to be held as directed by 
law. 

31. What provision is there by law for the tuition of the poor gratis 
in non-accepting districts ? 

It is the duty of the school directors of every non-accepting district, 
«very year, to issue their precept to the township assessors within 
35 



282 COMMON SCHOOLS. [PART III. 

their district, requiring them to receive from the parents the names of 
all the children between the ages of from five to fourteen years, who 
reside therein, and whose parents are unable to pay for their tuition ; 
which names are to be returned to the directors, who shall be author- 
ized to make alterations and additions thereto, and thereupon to make 
an estimate of the sum required to educate the said children for the 
current year, and to proceed to levy and apportion the said sum upon 
the persons and property, within the district, taxable for county rates 
and levies, on the basis of the last adjusted valuation of the same made 
by the assessor, and to issue their warrant to the township supervisors 
who shall be obliged to collect the same in the same manner as road 
taxes are collected ; the school directors are then to send the names of 
the children to the teachers in the district, whose accounts for teaching 
them are to be paid by the said directors. 

32. What provision has been made by law in regard to undrawn 
balances of the annual State appropriations to the common school 
districts ? 

By Acts of Assembly, passed from time to time, it has been pro- 
vided that these undrawn balances shall remain and accumulate in the 
treasury of the Commonwealth for the use of such districts as shall 
be entitled thereto, by adopting the common school system, or other- 
wise. By an Act of Assembly of 1844, it was enacted that no 
payments should be made out of the State Treasury on account of 
such undrawn balances. 

Colleges and Academies. 

33. What appropriations are annually paid by the State to univer- 
sities, colleges, academies and seminaries ? 

By an Act of Assembly of 1838, it was provided that there should 
be annually paid, by the State, to each university and college, main- 
taining at least four professors, and instructing constantly at least one 
hundred students, one thousand dollars ; and to each classical 
academy and female seminary, incorporated by the Legislature, cer- 
tain sums, of from three hundred to five hundred dollars, in propor- 
tion to the number of their teachers and pupils respectively. 

On the 29th of September 1843, the Act of Assembly referred to 
was repealed, and a special appropriation by the Legislature was 
made to those objects, for the current year. In 1844 and 1845, there 
were no such appropriations made. 

34. Is every, university, college, academy or school, receiving aid 
from the Commonwealth, required by law to make an annual report 
to the superintendent of common schools. 

Every such institution is required to make a report annually to the 
superintendent of common schools of the number of its students, the 
course of studies pursued therein, its permanent revenue, its expenses, 
and its general condition. 



CHAPTER X. 

MILITIA. 

1. Was the general government established in order to *? provide 
for the common defence ?" 

Yes. Cons, of U. S. Preamble. 

2. What is the principle of the government in relation to the obliga- 
tion of its citizens to perform military service ? 

That every freeman is under obligation to perform military service 
for its defence. 

3. What is the provision of the federal constitution as to raising a 
military force ? 

" Congress shall have power ; — to declare war ; — to raise and support 
armies ; — to provide and maintain a navy." Cons, of U. S. Art. I. 
sect. VIII. 11, 12, 13. 

4. Is the United States government bound to protect every State? 
" The United States shall guarantee to every State in this Union a 

republican form of government, and shall protect each of them against 
invasion ; and on application of the Legislature, or of the Executive 
(when the Legislature cannot be convened) against domestic violence." 
Cons, of U. S. Art. IV. sect. IV. 

5. What is the provision of the federal constitution in relation to 
the militia? 

" A. well regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be 
infringed." Cons, of U. S. Amendments Art. II. 

6. — As to calling forth the militia ? 

4 * Congress shall have power ; to provide for calling forth the 
militia, to execute the laws of the Union, suppress insurrections, and 
repel invasions." Cons, of U. S. Art. I. sect. VIII, 15. See title 
Congress, page 63. 

7. — As to organizing, disciplining and arming the militia? 

" Congress shall have power ; — to provide for organizing, arming 
and disciplining the militia, and for governing such part of them as 
may be employed in the service of the United States, reserving to the 
States respectively the appointment of the officers, and the authority 
of training the militia according to the rules prescribed by Congress." 
Cons, of U. S. Art. I. sect. VIII, 16. See title Congress, head 
Militia, page 63. 



284 MILITIA. [PART III. 

8. What is the power of the President of the United States as to 
the militia ? 

" The President shall be commander-in-chief of the army and navy 
of the United States, and of the militia of the several States when 
called into the actual service of the United States." Cons, of U. S. 
Art. II. sect. II. 1. 

9. Can any State declare or engage in war? 

" No State shall, without the consent of Congress, engage in war, 
unless actually invaded, or in such imminent danger as will not admit 
of delay." Cons, of U. S. Art. I. sect. X. 2. 

10. What restriction is there upon the several States as to their 
keeping troops or ships of war, by the federal constitution ? 

" No State shall, without the consent of Congress, keep troops or 
ships of war in time of peace." Cons, of U. S. Art. I. sect. X, 2. 

11. What is the militia? 

The body of the freemen of the State, enrolled for military service, 
and liable to be called to its performance, according to the laws. 

12. What is contained in the Declaration of Rights of this State, 
as to the right of the citizens to bear arms ? 

" The right of citizens to bear arms, in defence of themselves and 
the State, shall not be questioned." Cons, of Pa. Art. IX. sect. XXI. 

13. — As to the keeping up of a standing army in the State? 

" No standing army shall, in time of peace, be kept up, without 
the consent of the Legislature." Cons, of Pa. Art. IX. sect. XXIL 

14. — As to the military being subject to the civil power? 

" The military shall, in all cases, and at all times, be in strict sub- 
ordination to the civil power." Cons, of Pa. Art. IX. sect. XXIL 

15. — As to the quartering of soldiers in private houses? 

" No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a manner 
to be prescribed by law." Cons, of Pa. Art. IX. sect. XXIII. 

16. What is the provision of the constitution of the State as to 
arming, organizing and disciplining the freemen of the Commonwealth 
for its defence ? 

" The freemen of this Commonwealth shall be armed, organized 
and disciplined for its defence, when and in such manner as may be 
directed by law." Cons, of Pa, Art. VI. sect. II. 

17. — As to those who conscientiously scruple to bear arms ? 

" Those who conscientiously scruple to bear arms, shall not be 
compelled to do so, but shall pay an equivalent for personal service." 
Cons, of Pa. Art. VI. sect. II. 

18. Who are liable to be enrolled in the militia of this Common- 
wealth ? 

In general every free able bodied white male person who has resided 



CH. X.] MILITIA. 285 

within this Commonwealth for one month, and is of the age of 
between eighteen and forty-five years. 

19. Who are exempted, by law, from militia duty? 

The Vice President of the United States, the judicial and execu- 
tive officers of the United States, members of Congress, post masters, 
custom house officers, stage drivers conveying the mail of the United 
States, ferrymen employed on any post road, inspectors of exports, 
pilots and mariners actually employed in the sea service and ministers 
of religion, under the general militia law, a and other persons, as pro- 
vided by special Acts of Assembly. 

20. Who are called " volunteers," under the militia law ? 
Persons who voluntarily associate in companies and troops, and 

uniform and equip themselves, to be armed, disciplined, and subject 
to military duty, as prescribed by law. 

21. How are the militia and volunteers of the State divided and 
organized ? 

Into divisions, consisting of one or more counties ; each division, 
into two or more brigades ; and each brigade, into two or more regi- 
ments ; each regiment, into two battalions, and into eight or more 
companies. 

22. What power has the Governor as to the military force of the 
State ? 

He is commander-in-chief of the army and navy of the common- 
wealth, and of the militia, except when in the service of the United 
States. Cons, of Pa. Art. II. sect. VII. 

23. Is there an Adjutant General of the militia of the Common- 
wealth ? 

Yes. He is appointed by the Governor for three years ; but may 
be removed by him, at any time, for failure or neglect of duty. He 
receives a salary, from the State. It is his duty, in general, to receive 
and distribute all orders from the Governor, to the several officers of 
the militia; to receive and file all returns made to him of the militia, 
agreeably to law, and to make annually a detailed report to the Legis- 
lature of the number, organization, and condition of the militia, and 
volunteers ; to procure arms, military stores, cloathing, accoutrements, 
and camp equipage, and to distribute the same to the several officers, 
according to law. 

24. What officers of a division are there ? 

One major general, and two aids-de-camp ; one division inspector, 
and one division quarter master. 

25. — Of a brigade? 

One brigadier general, one aid-de-camp, one brigade major, one 
brigade quarter master, and one brigade inspector. 

a By Act of Assembly of 25th, April 1844. 



286 MILITIA. [part III, 

26. — Of a regiment ? 

One colonel, one lieutenant colonel, and two majors ; one surgeon, 
and two surgeon's mates ; one adjutant, one quarter master, one quar- 
ter master sergeant, one sergeant major, one drum major, and one fife 
major. 

27. — Of a company ? 

One captain, one first lieutenant, one second lieutenant, five sergeants, 
six corporals, and two musicians. 

28. How may battalions and regiments of volunteers be organized? 
Volunteer troops or companies may associate and be formed into 

battalions and regiments, in the manner directed by law. 

29. Of what description of force may volunteer companies or troops 
be? 

Artillery, infantry, cavalry or riflemen. 

30. What does the law provide, at the present time, as to the times 
of the parading and training of the militia? 

That the militia shall be paraded in companies, and battalions or 
regiments, on the first and second Mondays, respectively, of May in 
every year. 

31. Is there a fine upon every militia man for not attending on the 
days of parade and training appointed by law ? 

Yes ; upon every officer and private, enrolled in the militia, between 
the ages of twenty-one and forty-five years. 

32. How often are volunteer companies and troops required, by law, 
to meet for training ? 

At least three times in every year. 

33. Are volunteer companies and troops required to meet for train- 
ing with the militia regiments or battallions, at their annual trainings 
appointed by law ? 

Yes; except where they belong to volunteer battalions or regiments, 
or it is otherwise provided by special Act of Assembly. 

34. Are the militia and volunteers governed by certain articles, rules 
and regulations fixed by law? 

Yes. 

35. Are the officers and privates in the militia and volunteers liable 
to be punished for misconduct and disobedience of orders whilst on 
parade, by courts martial ? 

Yes. 

36. Is there a set of rules of discipline and tactics established by 
Congress for the militia ? 

Yes. 

37. How are arms provided, to be used by the militia 1 

The general government, under the Acts of Congress, furnishes 
arms and accoutrements to the several States, under the Acts of Con- 



CH. X.] MILITIA. 281 

gress, according to the number of the enrolled militia in each State, 
for the use of the militia. The general government has armories for 
the manufacture of arms. The arms thus furnished, and other milita- 
ry stores and implements belonging to the State, are kept in the State 
arsenals. 

38. Is the militia in this State supplied, by law, with arms for train- 
ing and disciplining? 

Volunteer troops and companies are so supplied, but no other part 
of the militia. 

39. How may the militia be called into actual service? 

By the President of the United States, as authorized by the federal 
constitution, and in the manner directed by act of Congress ; it is gen- 
erally by demands made on the Governors of the States severally: Or, 
by the Governor of the State, in the cases provided for by law. 

40. Tn what cases may the Governor of the State call the militia or 
volunteers into actual service ? 

By Act of Assembly, he is authorized to do so in case of rebellion, 
or threatened invasion of this or any neighboring State ; but no part 
of the militia shall be detained in service, at any one time, longer than 
three months, under the mere requisition of the Governor, without the 
direction or assent of the President of the United States. 

41. When any portion of the militia of this State is required for 
the service of the State, or of the United States, how is it to be detach- 
ed for that purpose ? 

It may be detached from any particular brigade or brigades, as or- 
dered by the Governor; and the enrolled militia in each company 
thereof are classed and drafted, for the tour of duty, in the manner di- 
rected by the Act of Assembly. Troops of cavalry, and companies 
of artillery, infantry and riflemen, shall be detached at the discretion 
of the Governor. 

42. Who are liable to be called upon as militia men to perform mi- 
litary duty in actual service ? 

All persons who are enrolled in the militia. 

And every officer and private of the militia, who shall neglect or 
refuse to serve, when called into the actual service of the State, or of 
the United States, is liable to be fined and punished ; by the sentence 
of a court martial, either under the Acts of Congress, or the laws of the 
State. 

43. Is a militia man allowed to find a substitute for the performance 
of a tour of duty in actual service ? 

Yes. 

44. Is the militia called into the service of the United States armed 
and equipped at the expense of the State, during the service ? 

Yes. 



288 MILITIA. [part III. 

45. Do the militia receive pay when called into actual service either 
of the United States, or of this State, for the time they are in service ? 

The officers and privates of the militia receive the like pay, rations 
and emoluments, as are allowed by the United States to those of the 
regular army at the time they shall be in the service. 

46. Are the militia and volunteers of the State, while in the actual 
service of the State, or of the United States, to be subject to the rules 
and regulations established for the army of the United States ? 

Yes. 

The President of the United States is the commander-in-chief of 
the militia of the several States, when in the service of the United 
States. 



INDEX 



Academy military, power of Con- 
gress, 63. 
Accused persons, their rights, 87, 
131, 197. 
as to cause of accusation, 87, 

131, 197. 
confronted with witnesses, 

87, 131, 197. 
process for their witnesses, 
87, 131, 197. 

not to testify against them- 
selves, 87, 131, 197. 
to have counsel, 87, 131, 197. 
not twice put in jeopardy, &c, 

87, 131, 197. 
protection of due process of 

law, 87, 131, 197. 
no excessive bail, 87, 131,197. 
to be bailed, 130. 
criminal information, 87, 130. 
see Indictment, Trial by jury. 
Acknowledgment, see Deeds and 

Conveyances. 
Admiralty jurisdiction, 104. 
Acts of Congress, how enacted, 
70, 71. 
their authority, 70. 
bills in Congress, 71, 73. 
date of acts, 73. 
when they take effect, 73. 
repeal former acts &c, 73. 
declared unconstitutional, 73. 
where filed and recorded, 100. 
See Laws, 
Acts of Assembly, what, 141, 216. 

See Laws. 
Administration State, 155, 243. 
federal, 99. 



Administrators, what, 125. 

letters of administration how 

granted, 257. 
accounts how settled, 257. 
Admission of new States, 67. 
Age, when a person is of full, 123. 
Aldermen, 150, 165. 
Aliens, who are, 28, 58, 183. 

their rights & disabilities, 28. 
how naturalized, 58. 
on what conditions, 58. 
Ambassadors, what, 101. 

President to receive, 95. 
See Treaties. 
Amends., of Cons, of U. S. 35. 
of State constitutions, 127. 
of Cons, of Pa., 196, 214. 
Annexation of foreign territory, 

65, 66. 
Appellate jurisd'n, what, 106, 147. 
Appeal and writ of error, defini- 
tion, 228. 
Apportionment of Representatives 
in Congress, 42. 
of members of State Legisla- 
ture, 133. 

in Pa., 204, 207. 
Arrest, see Warrants. 

privilege of members of Con- 
gress, 49. 

of State legislatures, 135. 

jn Pa., 208. 
of voters at elections in 
Pa., 270. 
Aristocracy, 17. 

Arms, right to bear, 88, 132, 202, 
for the militia, 63, 286. 



290 



INDEX. 



Army, power of Congress, 62. 
prohibition on the States, 62. 
no standing army, &c, in 
Pa., 202. 
Assemble, right of people to, 129. 

in Pa., 202. 
Assessors of taxes, in a State, 162. 

in Pa., 265. 
Attainder, what, 75, 201. 

provisions of State constitu- 
tions, 129, 131, 201. 
no bills of, 75, 129. 
Attorney General, of U. S. 108. 
of a State, 150. 
of Pa., 229, 246. 
Attornies at law, in courts of U. S, 
108. 
District, of U. S. 108, 
in State courts, 150. 
in Pa., 229. 

right to employ counsel, 87, 
130, 150. 

in Pa., 198. 
Auditors in Treasury Department 

of U. S. 100. 
Auditor Slate, 157. 
Auditor General, in a State, 157. 

in Pa., 243, 246. 
Auditors, county, 160. 
township, 163. 
in Pa., 261, 266. 

Bail, all persons bailable, when 
130, 88. 
excessive not to be required, 
130. 
in Pa., 199. 
Ballot, what, 371. 

box, 153. See Elections. 
Bank national, power of Congress, 
&c, 52, 122. 
States cannot tax, 53. 
a public corporation, 122. 
Bankruptcy, power of Congress,59, 
Acts of Congress, 59. 
nature of bankrupt law, 59. 
power of State legislatures, 59, 



Banks, constitution of Pa., 213. 
public notice of application for 
charter in Pa., 213. 
Bills of Attainder, what, 201. 

provision of Cons, of U. S. 75, 
of State cons, 129. 
in Pa., 201. 
Bills, in Congress, what, 73. 
proceedings on, 73. 
in State legislatures, 140. 
in Pa., 215. 
Bill of rights, definition, 86, 126. 
declared rights in Cons, of U. 

S. 85. 
in the States, 126. 
in Pa., 195. 
Boroughs, what, 165. 
officers of, 165. 
in Pa., 269. 
Bureaus, in Executive departments 
of U. S. 100. 

Capitation tax, 52, 76. 
Cabinet, of Pres't of U. S. 99. 
Canal Commissioners in Pa., 248„ 
Census, of U. S. how made, 42. 

of taxables &c, in Pa., 237, 
Calender months, in law, 125, 
Chancery lav/, what, 119. 

courts of, 119, 146, 

in Pa., 193. 
Chancellor, 147. 
Charges des affaires, 101. 
Charter governments, 20. 
Chattels, what, 125. 
Citizens, of U. S. 27. 

of the States, 123. 

privilege in another State, 83, 
in Pa., 235. 
Circuit Courts, see Judicary of 

United States. 
Cities, 163. 

officers of, 163. 

in Pa., 268. 
Clerks of Courts, in Pa., 256, 
Commissioners county. 160, 

in Pennsylvania, 251, 



INDEX. 



291 



College.of Presidential electors, 90. 
Colleges, see Seminaries. 
Colored persons, see Negroes. 
Commissions, of officers of U. S., 
93, 98, 100. 
of State officers, 155. 
in Pa., 240, 238, 245. - 
See Officers. 
Commissioner, canal, in Pa., 248. 
Commissioners to acknowledge 

deeds, 259. 
Coining money, power of Con- 
gress, 59. 
prohibited to the States, 59. 
Colonies, governments of, 19. 
Commerce, meaning of, 54. 

Congress to regulate, 54, 55. 
within the States, 55, 61. 
with the Indians, 55. 
to promote within the States, 

61. 
See Tariff. 
Committees, in Congress, 71. 
Commissions, see Officers. 
Commitment of bill in Congress, 71 
Compensation, see Officers. 
Comptroller in Treasury of United 
States, 100. 
State, 157. 
Concurrent powers, 24, 50. 

jurisdiction, what, 106. 
Congress, see chap. iii. Part i. 
members of, not impeached, 

40, 99. 
indictable for misdemeanor in 
office, 137. 
Confederation of the States, 21. 

Articles of, 21. 
Collectors of taxes, in the States, 
162. 
in Pa., 254, 264. 
Conservators of the peace, Justices 
&c, 161, 232. 
mayors, 164. 
aldermen, 165,232. 
sheriffs, 159, 260. 
coroners, 160, 261. 
constables, 162, 268. 



Constables, in a State, 151, 162. 

in Pa., 233, 268. 
C onstitution, definition of, 29, 116. 
Constitutional law, 29. 
Constitution of U. S. 

how formed, 21, 28. 

when first in operation, 30. 

preamble construction of, 35. 

federal, 22. 

its authority, 25, 31. 

its provisions classed, 30. 

powers under it classed, 24. 

rules to interpret, 32, 34. 

questions on, ho w decided, 31. 

oath to support, 25. 

by State laws, 155. 
bylaws of Pa., 241. 

Amendments to, 35. 
Constitutions of the States, how 
formed, 112. 

their authority, 25, 116. 

construction of, 116. 

questions on, how determin- 
ed, 115. 

rules to interpret, 32. 

oath to support, 155. 

amendments to, 115. 
Constitution of Pa., 

how formed, 188. 

its authority and force, 

its provisions classed, 189. 

questions on, how determin- 
ed, 191, 216. 

oath to support, 241. 

amendments to, 196, 214. 
Consuls, 102. 
Continental Congress, 21. 
Contempt of House of Congress,48. 

of State legislature, 137. 
in Pa., 211. 
Contracts, no law to impair, 79, 
129. 

in Pa., 201. 

construction of the constitu- 
tional provision, 79. 
Copy rights, what, 61. 

provision of federal cons. 61. 
Coroners, 160. 

in Pa., 260- 



tn 



INDEX. 



Corporations, definition, 121. 

aggregate and sole, 121. 

ecclesiastical and lay, 121. 

public and private, 121. 

how created, 122. 

properties of, 122. 

Congress may create, 122. 

public municipal, 121, 235. 

in Pa. constitutional provi- 
sion, 213. 
Corruption of blood, 75. 
Council executive, in a State, 142. 
Counsel, right to have, 87, 130. 

in Pa., 198. 

See Attornies at Law. 
Counterfeiting, power of Con- 
gress, 60. 
Counties, 157, 249. 

corporate bodies, 158, 249. 

courts in, 158, 250. 

officers in, 158, 251. 

taxes in, 158, 249, 252. 

expenses of, 158, 249. 

in Pa., 249, 262. 
County Auditors, in Pa., 261. 
County Commissioners, in Pa., 

251. 
County rates and levies, 158. 

in Pa., 252. 
County Treasurer, in Pa., 255. 
Courts, see Judiciary. 

to be open &c, 132, 199. 

of record, and not of record, 
146. 

officers of, 149. 

in Pa., 225. 
Criminals, see 'Accused persons." 
Currency, Congress to regulate, 59. 

States not to coin money, 59. 

or emit bills of credit, 59. 

Day, what in law, 125. 

Debtors, when not to be impri- 
soned in Pa., 200. 

Declaration of rights, see Bill of 
Rights. 

Directors of the Poor, 162. 

Declared principles in federal con- 
stitution, 24= 



Divorce, constitutional provision, 
in Pa., 212. 

Declaration of Independance, 18, 

127. 
Domain public, of the U. S. 65. 
Debate, freedom of, 45, 136, 208. 
Deeds and conveyances, record- 
ing, 159, 257. 
real estate conveyed &c, only 

by deed in Pa., 257. 
before whom acknowledged 

in Pa., 258. 
to be recorded in Pa., 258. 
records of, evidence &c, in 

Pa., 258. 
See Mortgages. 
Democracy, form of gover'nt, 17. 
Districts judicial, of U. S. 102, 107. 

officers thereof, 102. 
District Courts of U. S. 107. 
District Attornies of U. S. 108. 
Districtsjudicial,ofU.S.102,107. 

of Pa., 226. 
Districts school, 163. 

in Pa., 278. 
District of Columbia, 

Congress has exclusive juris- 
diction, 64. 
government of, 64. 
Congress may lay tax in, 52. 
Departments, of govern't of U. S. 
its powers distributed, 25. 
legislative, 37. 
executive, 89. 
judicial, 103. 
co-ordinate, 25, 103. 
subordinate, executive, of U. 
States, 99. 

Heads of, 99. 
Departments general, of State gov- 
ernments, 115. 
co-ordinate branches, 115. 
of government of Pa., 190. 
co-ordinate, 190. 
subordinate, of State govern- 
ments, 145, 155. 
subordinate, of government 
of Pa., 222, 243. 

Heads of, 222. 



INDEX. 



293 



Despotism, 17, 190. 
Domestic manufacturers, seeTarifT, 
Domestic relations, what, 124. 
Duellist, not to hold office, 154, 
239. 

by constitution of Pa., 239. 

punished in Pa., 239. 
Duties, see Taxes. 

Education, see Common Schools, 
see Seminaries, Cons, of Pa. 
Elections, in the State, 153. 

qualifications of electors, 152. 
mode of voting, 153. 
Elections in Pa., Partiii, ch. viii. 
constitutional provisions, 270. 
qualifications of electors, 270. 
privilege of electors from arrest, 

270. 
officers of elections, 271. 
voting, mode of, 271. 
how conducted, 271. 
determined by plurality of 

votes, 272. 
general, 272. 
returns, 273. 
township, 274. 
special, 274. 
Presidential, 274. 
Electors, see Elections. 
Electors of President and Vice 
President of U. States. 
how apportioned, 88. 
qualifications, 88. 
time of election, 89. 
mode of election, 89. 
college of, 89. 
time of meeting, 89. 
mode of voting, &c, 89. 
election of in Penn'a., 274. 
college of, place of meeting, 274. 
vacancies supplied, 274. 
Embargo, power of Congress, 55. 
Emigration, right of, 132. 

in Pennsylvania, 203. 
Equity, see Chancery. 
Engrossment of bills in Cong, 72. 



Enrollment of bills, in Cong. 72. 
in State legislatures, 141. 
in Pennsylvania, 216. 
Enumerated powers of general 
government, 24. 
of Congress, 49, 50. 
Envoys, 101, 

Enumeration of people, see Cen- 
sus. 

of taxables, see Census. 
Equality of rights, by State Con- 
stitutions, 127. 
by Declaration of Indep'e. 127. 
in Pennsylvania, 195. 
Excise taxes, 51. 
Executive council of a State, 142. 
Executive department of general, 
government, 25, 89. 
subordinate branches, 145, 155. 
Executive of IT. States, 89. 
a State, 142. 
of Pennsylvania, 217. 
Executive depart, of a State, 142. 
subordinate, 155, 145. 
of Penn'a., 190, 217. 
subordinate, 222. 
heads of, 222, 243. 
Executive officers of U. S., 98. 
of States, 152, 155. 
of Pennsylvania, 243. 
Executors, definition, 125. 

letters testamentary to, 158,256. 
accounts filed and settled with 
Register, 159, 256. 
Ex post facto law, what, 76. 
federal constitution, 76. 
State constitutions, 129. 
constitution of Penn'a., 201. 
Exports, not taxable by Congress, 
53, 76. 
by the States, 53, 80. 
Expulsion of members of Con. 48. 
in State legislatures, 137. 
in Pa. legislature, 210. 
Evidence of records, of one State 
in another, 82. 



294 



INDEX. 



Exclusive powers of govern't, 24. 

of Congress, 50. 
Exclusive jurisd'on of courts, 106 
Exemplification of records, 82. 
by Sec'ry of State of U. S. 100. 
the States, 156. 
of Pa., 245. 
by Recorders of Deeds, 257. 
Exempts from militia duty, 257. 

Federal government, 18, 22. 
constitution, 18, 22. 
administration, 99. 
republic, the U. S., 18,22. 
Felonies on the seas, power of 

Congress to punish, 61. 
Females, political condition, 126. 
unmarried, rights of, 126. 
married, rights of, 126. 
Fence viewers in Pa., 267. 
Fines, not to be excessive, consti- 
tution of U. S., 88. 
cons, of States, 131. 
cons, of Pa., 199. 
in Pa. payable to county, 131. 
Forfeitures, in Pa. payable to 

county, see Fines. 
Foreigners, see Aliens. 

officers of U. S. not to accept 
of title or gift from foreign 
prince, &c. 77. 
Foreign territory, purchase of, 65. 
annexation of, 66, 69. 
Free negroes, see Negroes. 
Freedom of speech and press, 77, 
158. 

in Pa. 197. 
libels, 128, 197. 
in Congress, 45. 
in State legislatures, 136. 
legislature of Pa., 208. 
Freedom of debate, see Freedom 

of Speech. 
Freedom of conscience, 128, 196. 
Fugitives from labor, 81. 

see Slaves. 
Fugitives from justice, 84. 



Gaols of States, when used for U. 

S. prisoners, 109. 
Good behaviour, tenure of office, 

153,241. See Officers. 
Goods and chattels, what, 125. 
Government, forms of 17. 
definition of, 127. 
supreme power of people, 22 

112, 115. 
power of people to alter, 115, 
127, 191. 

in Pa. 195, 
of U. S„ form of 22, 23. 
commencement of 30. 
federal, what, 22. 
general, what, 22. 
powers of gov't of U. S. 23, 49. 

classified, 24, 50. 
departments of government of 

U. S., 25, 99. 
republican guaranteed to each 
State, 81. 
Government of the States, 111. 
powers, 112. 
department of 115. 
Government of Pennsylvania, 187. 
powers of, 189. 
departments of, 190. 
Governors of States, Part ii. ch. v. 
executives, of States, 142. 
executive council, 142. 
election, 143. 
term of service, 142. 
qualifications, 143. 
compensation, 143. 
duties and powers, 143. 
power as to legislation, 143. 
appointment or officers, 144. 
military power, 144. 
power of pardon, 145. 
impeachment of 145. 
vacancy, 145. 
Lieutenant, 145. 
veto power, 143. 
Governor of Pa. Part iii. ch. v. 
how elected, 217. 
qualification for, 218. 



INDEX, 



295 



Governor of Pa. Partiii, ch. v. 
term of office, 217. 
re-eligibility, 217. 
salary, 218. 
military power, 218. 
power of appointment, 219. 
power of pardon &rep've. 220. 
duty as to the legislature, 220. 
register of his acts &c, 220. 
power of legislature as to his 

acts, &c, 220. 
power as to the legislature, 221. 
power as to bills of legislature, 

215, 221. 
general duty, 221. 
impeachment of, 221. 
vacancy in office, how filled, 222 
Grand jury, see Indictment and 
Trial by Jury. 

in Pa., definition 231. 

duties of, 231. 

oath of, 231. 

how selected, 231. 
Guardian and ward, 124. 

accounts filed and settled with 

Register, 159, 256. 
Guaranty, by federal government 

to the States, 85. 
of a republican government, 85. 
of protection ag'st invasion, 85. 

against domestic violence, 85. 

Habeas Corpus, writ of, definition, 
75. 
privilege of, not to be suspen- 
ded, 75, 130. 

in Pa., 130. 
Hereditary titles, 

not to be granted by U. S. 77. 
officer of U. S. not to receive, 
from foreign prince, &c. 77. 
not granted by States, 127. 
not granted in Pa. 127. 
aliens to renounce on being nat- 
uralized, 58. 
Heads of Departm'ts, of U. S. 99. 
States, 155. 
in Pa., 243. 
High seas, include what, 104. 



Husband and wife, 124. 

Impeachment, definition of, 40. 
before Senate of U. S., 40, 
by H. of Rep. of U. S., 47. 
who may be impeached, 40,99. 
in the States, 140. 
in Pa., 206. 

who liable to, 241, 206. 
Implied powers of government, 

see Powers of government. 
Imports, States not to tax, 80. 
state tax on vendors of, uncon- 
stitutional, 54. 
Imposts, see Taxes. 
Imprisonment, see Arrest, Habeas 
Corpus, 
not for debt, when, 132. 
in Pa., 200. 
Improvements internal, power of 

Congress, 60. 
Incidental powers, see Powers. 
Incompatibility of offices, see 

Offices. 
Independence, Declaration of, 18, 
127. 
of U. States, when, 18. 
Indian tribes, relation to the gene- 
ral government, 57. 
commerce with, 57. 
territory, purchase of, 65. 
Indian agents, 65. 
Indictment, right of trial by, 87 r 

130. 
Industry, domestic, power of Con- 
gress, 
Infants, who are, 123. 
Information, prosecution by, 130. 
federal constitution, 87. 

State constitutions, 130. 
Inquests, on dead bodies, by coro- 
ner, 160, 261. 
in Pa. by justices of the peace, 
261. * 
Insolvent laws, nature of, 59, 132. 

in Pa., 200. 
Internal improvements, power of 

Congress, 60. 
Inspection laws, 53. 



296 



INDEX. 



Instruction, see Schools. 
Insurrection, States protected 
against, 85. 

powers of PresitT t of U. S. 92. 
Intestate, meaning of, 125. 
Invasion, States protected, 85. 

power of President, 92. 

Journals, of Congress, 48. 

of State legislature, 137. 
in Pa., 211. 
Judges, see Judiciary. 
Judicial department, see Judiciary. 
Judiciary of U. S., Part i, chapt. 
ix. 103. 
department of government, 

25, 103. 
jurisdiction in general, 104. 
judges, how appointed, 104. 
tenure of office, 105. 
compensation, 105. 
Supreme Court of U. S. 
organization, 105. 
jurisdiction, 103, 106. 
appeal to, from State courts, 

106. 
decisions final, on constitu- 
tional questions. 103. 
Circuit Courts of U. S. 107. 
organization, 107. 
jurisdiction, 107. 
District Courts of U. S. 
organization, 107. 
jurisdiction, 108. 
judicial districts, 107. 
Officers of Courts of U. S. 108. 
Jurisdiction of a Court, meaning 
of, 105. 
original and appellate, 105. 
exclusive & concurrent, 106. 
civil and criminal, 146. 
of State courts under Acts of 
Congress, 146, 109. 
and of State magistrates, 109. 
admiralty and maritime, 104. 
chancery and equity, 146. 



Judiciary of the States, Part ii. 
chapt. vi, 146. 
department of government, 146, 
jurisdiction in general, 147. 
under laws of U. S. 147. 
courts State, 147. 
judges, appointment, 148. 
term of office, 148. 
salaries, 148. 
impeachment, 149. 
removal, 149. 
incompatibility, 149. 
decision of constitutional ques- 
tions, 147. 
appeal from to Supreme Court 
ofU. S. 148. 
Judiciary of Pennsylvania, Part iii, 
chapt. vi. 223. 
department of government, 

190, 223. 
judges, how appointed, 223. 
duration of office, 223. 
tenure of office, 223. 
salaries, 224. 
incompatibility, 224. 
Supreme Court of Pa. 
organization, 225. 
jurisdiction, 225. 
districts of, 226. 
Nisi Prius courts, 226. 
decisions final, 226. 
appeal from to Supreme Court 
of U. S. when, 226. 
Courts of Common Pleas, 226. 
Courts of Oyer and Termi- 
ner, 227. 
Courts of Quarter Sessions 

&c, 227. 
Register's Courts, 227. 
Orphans Courts, 228. 
District Courts, 228. 
officers of the Courts, 228. 
to decide constitutional ques- 
tions, 216. 
Justices of the Peace, in the States, 
149. 
in Pa., 268, 232. 



INDEX. 



297 



Lands public, of U. S. 65. 

how surveyed and sold, 65. 
how acquired, 65. 
proceeds of sales, 65. 
a common fund <fec, 66. 
of Pa., 243, 244. 
See Territory of U. S. 
Land Office, of U. S. 65. 

of Pa., 247. 
Law, definition, 116, 192. 
common, 118, 192. 
statute, 116, 193. 
chancery or equity, 119, 
constitutional, 29. 
protection of due process, 88, 

132. 
right of remedy, 132. 

in Pa., 199. 
of Pa., 192. 
Law of nations, difmition, 119. 
offences against punished by 

Acts of Congress, 62. 
part of law of the States, 120. 
of Pa., 193. 
Laws, statute or written, 116, 193. 
rules of construction, 193. 
how enacted, 141, 215. 
date of, 73. 
when to take effect, 216, 73, 

117. 
repeal former laws, 73, 117. 
public or private, 117. 
retrospective, 76. 
ex post facto, 76, 201. 
declared unconstitutional, 73, 

118, 141, 216. 
not to be suspended &c, 132. 
in Pa., 199. 
Laws of U. S. see Acts of Congress. 
Laws of the States, see Laws. 
how enacted, 141, 215. 
where preserved and record- 
ed, 141, 216. 
publication of, 141, 217. 
evidence of, 141, 217. 
declared Unconstitutional, 141 
216. 

2 



Legislation, see Congress. 

see Legislature. 
Legislature, definition, 37. 

divided into two branches, 37. 

see Congress. 

of a State, Part ii, chapt. iv. 

Senate, 132, 206. 

House of Rep's., 132, 206. 

number of members, 207, 133, 

205. 
apportionment of members, 134, 

205, 207. 
qualification of members, 134, 

205, 206. 
election of members, 134, 209. 
contested, determined how, 

136, 210. 

term of office of members, 206, 

134, 204. 
time of meeting, 135, 207. 
adjournment, 135, 208. 
privileges of members, 135, 208. 
freedom of debate, 136, 208. 
each House, powers, 136, 209. 
to judge as to its members, 

136,~210. 
contested elections, 136,210. 
quorum, 136, 210. 
officers, 136, 210. 
rules of proceeding, 210. 
may punish its members, 137, 

210. 
may expel its members, 137, 

210. 
to sit with open doors, 137, 

211. 
journal of, 137, 211. 
Yeas and Nays, 137, 211. 
to adjourn, 211. 
may punish contempt, 137, 

211. 
vacancies, how filled, 138,210. 
members, not impeached, 137, 
206. 
indictable for misdemeanor, 

137, 242. 

powers of, in general, 138,212, 



298 



INDEX. 



Legislature, continued. 

how limited, 138, 212. 
express or implied, 138,212. 
prohibited to, 139, 212. 
concurrent, 139. 
power of appointment, 139,238. 
impeachment before, 140, 206. 
mode of passing laws, 140,215. 
Legislature of Pa., Part iii, chap. iv. 
department of government, 190. 
Senate, number of members, 204. 
qualifications, 205. 
appointment, 205. 
term of service, 204. 
power as to appointments, 205. 
power of impeachment, 206. 

who may be impeached, 206. 
House of Representatives, 
members, number of, 200. 
qualifications of, 206. 
apportionment of, 207. 
term of service, 206. 
power as to impeaching, 207. 
powers and duties of each 

House, 209. 
general duties & powers, 212. 
powers limited, 212. 
compensation of members, 209. 
Letters of Marque and Reprisal, 
see Marque and Reprisal. 

Mail, see Post Office.' 
Manufactures domestic, see Tariff. 

powers of Congress, 
Majority of votes when necessary 
to elect, 153, 272. 

see Plurality. 

of age, 123. 
Maritime jurisdiction, 104. 
Marque and reprisal, definition, 62. 

power of Congress, 62. 

prohibition to States, 62, 79. 
Marriage, before Justices of the 
Peace, 161. 

aldermen, 165. 

mayors, 164. 
Married women, see Wife. 



Marshal of U. S. 109. 

Master and servant, 124. 

Mayor, 164. 

Mayor's Court, 164. 

Measures and weights, power of 

Congress, 60. 
Military Academy, power of Con- 
gress, 63. 
Militia, Part iii, chapt. x. 
power of Congress, 63. 
power of President, 63, 92. 
Mines, lead, on public lands, re- 
served to U. S. 65. 
Ministers, foreign, 95, 101. 

of U. States to foreign coun- 
tries, 101. 
see Treaties. 
Minor. See Infant. 
Misdemeanor, 120. 

officers indictable for, 242. 
Mobs, power to suppress, 
see posse cornitatus. 
Monarchy, definition, 17. 
Money, power of Congress to coin 
&c, 59. 
prohibited to States, 59. 
legal tender, 59. 
Month, in law, 125. 
Mortgages, to be recorded, 159, 
258. 
lien of, 159, 258. 
Mulattos. See Negroes. 
Municipal law, definition, 116, 192. 

see Law, 
Municipal corporations, 121. 

National Bank, see Bank. 
Nations, law of, see Law of Na- 
tions, 53. 
Naturalization of aliens, 28, 57, 58. 
rights of naturalized citizens, 28. 
Navigation, power of Congress, 54. 

see Commerce. 
Navy, power of Congress, 62. 

Department, 99, 101. 

Secretary of, 99, 101. 
Neglect, officers indictable for,242. 



INDEX. 



299 



Negroes, slaves, 28, 124. 
rights of free, 27, 123. 
see Slaves. 
Negative. See Veto. 
Nobility. See Titles of Nobility. 
Notaries Public, in Pa., 262. 
how appointed, 262. 
term of office, 262. 
duties, 262. 

Oath, to support Constitution of 
U. S. 25, 155, 241. 

of a State, 155, 241. 
of office, 154. 
in Pa., 241. 
Offences criminal, 120. 
Officers, of U. S. 98. 

no title &c, from foreign 

prinee, 77. 
appointment of, 93, 98. 
how commissioned, 98. 
removal of, 94. 
vacancies how filled, 94. 
executive officers, 98. 
no religious test, 98. 
oath of office, 98. 
tenure of good behavior, 99. 
impeachment of, 99. 
indictable for neglect or 
misdemeanor, 242. 
Officers of a State, constitut'l, 238. 
judicial or executive, 153. 
civil or military. 152. 
appointment, 152, 238. 
election of, 153,239. 
appointed byleg're, 140, 238. 
by Governor, 219. 
qualifications of, 153,239. 
tenure of office, 153, 203 241. 
impeachment of, 140, 154,241. 
removal of, 154. 242. 
oath of office. See Oath, 
incompatibility. See offices, 
no religious test, 154, 196. 
indictable for neglect and mis- 
demeanor, 242. 



Offices, under U. S., power to 
create, 98. 
in a State, power to create, 

152, 238. 
constitutional, 238. 
tenure of, under U. S. 93, 98. 
in a State, 153. 
in Pa., 241, 203. 
incompatibility, Cons, of U. 
States, 45. 

in the States, 154. 
in Pa., 240. 
right to office, how determin- 
ed, 242. 
Quo Warranto, 242. 
Oligarchy, 17. 

Orphans' Court. See Judiciary. 
Overseers of Poor, 162, 267. 

Panel of jurors, 231, 232. 
Parent and child, 124. 
Pardon and reprieve, by President 
of U. S., 93. 

before conviction, 93. 
Governors of States, 145. 
in Pa., 220. 
Passports, violation of, 120. 
Patent Office of U. S., 100. 
Patent right, definition, 61. 
law securing, 61. 
Paupers, see Poor. 
People, supreme power of, 22, 
112, 187. 
reserved rights of, 85. 
see Bill of Rights. 
Peace, see Conservators of the 

Peace. 
Pa,, provincial govern't, 19, 188. 
Personal property, definition, 125. 
Persons, division of, 121. 
Petition, right of, 77, 129. 
Plurality of votes, 153. 

in Pa., 272. 
Posse comitatus, 150, 260. 

power of sheriff &c, to sup- 
press riots and mobs, 200, 



300 



INDEX. 



Post Offices and roads, power of 
Congress, 60. 
construction of provision, 60, 61. 
Post office department, 101. 
Post Master General, 99, 101. 
Piracy, definition, 61. 

power of Congress, 61, 
slave trade, 55. 
Polls at elections, 153, 271. 

book, 153. 
Poll tax, power of Congress, 52, 76. 
Poor, support of, 162, 267. 
Private property, security of, see 

Property. 
Powers, of general govern't, 23. 
classification of, 24. 
of Congress, 49, 69. 
classification of, 49. 
enumerated and express, 24, 49. 
incidental and implied, 24. 
nature of, 25,33,49. 
resulting, 50. 
exclusive, 24, 33, 50. 
concurrent, 24, 33, 50, 79. 
reserved, 24. 

prohibited to gen'l gov't, 24, 74. 
to Congress, 74. 
to the States, 24, 78. 
in several departments, 25. 
of State governments, 113, 189. 
Preamble of federal cons., 35. 
construction of, 35. 
of laws, 35. 
President of the U. S., Part i, ch. 
viii, 87. 
qualifications, 89. 
mode of election, 89. 
electors of, 89. 
qualifications, 89. 
how appointed or elected, 90. 
when elected, 90, 274. 
when to meet, 90, 274. 
college of, 90. 
how to vote, 90. 
day of counting votes, 91. 
.election by House of Rep's., 91. 
term of office, 91. 
when it commences, 91. 



President of U. S. Part i.eh. viiL 
oath of office, 92. 
compensation, 92. 
power as to army and navy, 92. 

the militia, 92. 
may call out militia &c, 92. 
opinions of Heads of Depart., 93. 
power of pardon & reprive, 93. 
power as to treaties, 93. 
power of appointment, 93. 

of removal, 94. 
veto power, 94-5. 
power to convene Congress, 95. 

to adjourn Congress, 95, 
messages to Congress, 95. 
to receive ambassadors &c, 95. 
impeachment of, 95. 
vacancy in office, how filled, 96. 
Press, freedom of, in Pa., 197. 
Priority, of deeds recorded, 159, 
257. 
mortgages, 159, 258. 
Presentment, see Indictment. 
Privilege from arrest, of members 
of Congress, and State Legisla- 
tures, 132, 45. 

from attending suits, 132,45. 
in Pa., 208. 
Prisons, see Gaols. 
Privateers, what, 62. 

power of Congress, 62. 
Process. See Law. 

to be in the name of the 
State, 235. 
Property, real or personal, 125. 
in possession or action, 125. 
Prohibited powers. See Powers. 
Property, private, not taken for 
use, 198. 
without compensation, 128, 88. 
security of, 198. 
Proof, see Evidence. 
Proprietary governments, 19. 
Protection of the States, 85. 

of domestic industry, see Tariff, 
Prothonotaries, 150, 158. 
Prosecuting Attornies, 160, 159. 



INDEX. 



301 



Prosecution, see accused Persons. 

see Trial by jury. 
Punishments excessive, prohibi- 
ted, 88, 131. 
Provincial governments, 19. 
Public acts and records of a State, 
effect of, in every other State, 

69, 82. 
how proved, 69, 82. 
Public lands, see Vacant Lands. 
Public use, private property not 
taken for, &c, 88, 128. 

Qualifications, see Elections. 

see Officers. 
Quartering of soldiers, constitu- 
tional provisions, 88, 202. 
Quorum, what, 47. 
in Congress, 47. 
in State legislatures, 210, 136. 
Quo Warranto writ of, defined, 
242. 

Ratio, of Representatives in Con- 
gress, 43. 
members in State leg' res., 134. 
in Pa. legislature, 205, 207. 
Rates and levies, county, 158. 
township, 162, 264. 
Real property, or estate, 125. 
Receiver of public monies, 65. 
Recorder county, 158. 

in Pa., 257. 
Records, see Deeds. Evidence, 
of one State in another, 69. 
Redress, right of, in courts, 132, 

225. 
Register, as to public lands of U. 
States, 65. 
in Treasury of U. S., 101. 
Register, county, 158. 

in Pa., 256. 
Register's Court. See Judiciary. 
Relations, of the States, 112, 113. 

foreign, 41,200. 
Religion, no establishment of, 77, 
128, 196. 



no religions test, 77, 98, 154, 
liberty of, 77, 128. 
in Pa., 196. 
Remedy, right of, in courts, 132, 

225. 
Removal, see Officers. 
Reprieve, see Pardon. 
Representation, principle of, 22? 
112, 
see Ratio. 
Representatives in Congress, 41. 
apportionment of, 42. 
election of, 42. 
House of, 41. 
Representatives, House of, in 
States, 132. 
in Pa., 206. 
see Legislature. 
Republic, definition, 18. 

U. S. a federal republic, 18. 
each State a republic, 111, 187. 
guarantee to each State, 85. 
Retro-active laws, 76. 
Retrospective laws, 76. 
Revenue. See Taxes, 
bills in Congress, 53. 
in Pa., 207. 
Revolution American, 19. 
Revolutionary government, 19,20. 
Rights, see Bill of Rights. 
equality of, 127. 

in Pa., 195. 
Right of petition, see Petition. 
Right of people to assemble, 129. 

in Pa., 202. 
Right to bear arms, 88, 132. 
in Pa., 202, 213. 
Right of suffrage, 134, 153. 

of free colored persons, 123. 
in Pa., 236. 
Rivers, power of Congress, 54, 60. 
jurisdiction of U. S. courts, 104. 
Roads, power of Congress, 60. 
jurisdiction of States over na- 
tional roads, 61. 
Supervisors of, 161. 
in Pa., 265, 



302 



INDEX. 



Rules of proceed'g, in Cong., 47. 
in State legislation, 136. 
in Pa. legislature, 210. 

Sabbath, recognized in federal 
constitution, 70. 
in constitution of Pa„ 172. 
Safe conducts, violation of, 120. 
Salaries, see Officers. 

see titles of the different officers. 
Salt springs, on public lands, re- 
served to U. S., 65. 
Schools, common, 163. 

directors of, 163. 
Schools Common, in Pa., Part iii, 
chapt. ix, 
provision of constitution, 275. 
old mode of teaching the poor, 

275. 
Common School Fund, 276. 
State appropriation, 277. 
Superintendent, 277. 
Districts, 278. 
Directors, 279. 
Taxes, 280. 

Treasurer of district, 281. 
Teachers, 281. 
non-accepting districts, 281. 
undrawn balances, 282. 
Seals, public of U. S., 100. 
State in Pa., 233, 245. 
county, 249. 
Seamen, 55, 61. 

Searches and seizures, see Arrest, 
constitution of U. S., 86. 
of the States, 130. 
of Pa., 197. 
Seas high, what, 104. 

jurisdiction over, 62, 104. 
Seat of government of U. S., see 

District of Columbia. 
Secretary of State, of U. S., 100. 

department of, duties, 100. 
Secede, a State cannot secede from 

the Union, 23, 114. 
Secretary of the Navy, see Navy. 
Secretary of War, see War. 



Secretary of Treasury of U. S. 

See Treasury. 
Sec'ry of State, in the States, 156. 

in Pa., 245. 
Security, from unlawful arrests, 87. 
in Pa., 197. 
of private property against 
public use, 88, 129. 
in Pa., 197, 213. 
of contracts, 79, 129. 
in Pa., 198. 
Sedition, see Insurrection. 
Seizures. See Searches. Arrest. 
Seminaries. See Colleges. 
Senate of U. S., see Congress. 
Senate, see Legislature. 
Servant and master, 124. 
Settlement of paupers, see Poor. 
Sheriff, 151, 159. 

in Pa., 229, 259. 
power as to mobs &c, 260. 
Slaves, 27, 124. 

representation in Congress on 

number of, 42. 
fugitive, how recovered, 81. 
acts of Congress, 81. 

construction of, 81. 
importation of prohibited, 55, 75. 

piracy, 55, 75. 
restrictions on new States, 68. 
no slavery in N. W. Territory, 

68, 75, 
slavery in Lousiana territorylimi- 

ted, 68, 
slavery in the States, 124. 

law of, 124. 
in District of Columbia, 28, 64. 
emancipation in Pa., 236. 
Solicitor of Treasury of U. S. 101. 
Speech, freedom of, see Freedom. 
Springs salt, on public lands, re- 
served to the U. S. 65. 
Sovereign, U. S. govern't, not, 22. 
States not, in what sense, 22, 
113, 189. 
Standard of weights & measures, 
60. 



INDEX, 



303 



State Department, of U. S., 100. 

of States, 156, 245. 
States, when became independent, 
18, 112. 
relations to the Union, 112. 

to each other, 113. 
not sovereign, how, 22, 113, 189. 
administration, 154. 
nature of governments, 19, 111. 
republics, 111, 187. 
constitutions of, 112, 116. 
power to lay taxes, 156. 
taxes in, see Taxes. 
republican government guaran- 
teed, 85. 
protection of, from invasion, 85. 
against domestic violence, 85. 
cannot secede from Union, 23, 

114. 
new, admission of, 76. 
out of foreign territory, 67, 68. 
Statute. See Laws. 
Stock, of U. S. State tax on uncon- 
stitutional, 53. 
Stock, State, what, 156. 
Stock, taxable in, 156, 243, 254. 
Suffrage, right of, see Elections. 
Sunday, see Sabbath. 
Super't of Common Schools, 277. 
Supervisors of roads, 161, 265. 
of townships in Pa., 265. 
Supreme power of people, see 

People. 
Suspension of laws, no power, 

132, 199. 
Surveyor General, of U. S., 65. 

in Pa., 247. 
Surveyors, deputies, in Pa., 262. 

Tariff, ,what, 52. 

power of Congress, 52. 
Taxes, definition, 51. 

direct and indirect, 52, 

imposts, 51. 

duties, 51. 

poll or capitation, 52, 156. 

excise, 52. 



Taxes. 

power of Congress, 51. 
power of States, 53, 156. 
prohibition on States, 53. 
tariff power of Congress, 53. 
State, on Bank of U. States 

unconstitutional, 53. 
and on stocks of U. S., 53. 
Taxes State, power of States, 156. 
different kinds in a State, 156. 
objects of taxation, 156. 
in Pa., 243. 
Taxes county, 158. 

in Pa., 254. 
Taxes township, 162. 

in Pa., 264. 
Tender legal, 59. 
Territory of U. S. 

tax may be laid by Cong., 52. 
general power of Congress, 65. 
vacant lands, 65. 
power to acquire foreign terri- 
tory, 66. 
Territorial govern'ts, 27, 66, 67. 
delegates in Congress, 43, 67. 
power of Congress, 66. 
Testator, definition, 125. 
Townships, 157, 263. 

corporate bodies, 263. 
officers of, 158, 263. 
taxes in, see Taxes. 
Towns, same as townships in some 

States, 157. 
Township clerk, in Pa., 266. 
Toleration, of religion, see Reli- 
gion. 
Tonnage, definition of, 80. 

State not to lay duty on, 80. 
Traverse jury, see Jury. 
Time, what is a year, 125. 
a month, 125. 
a day, 125. 
Tipstaves, 234. 

Titles of nobility, not to be grant- 
ed, 77, 127. 
officers not to accept, 127. 
constitution of Pa., 203* 



304 



INDEX. 



Treasurer of U. S., 101. 
Treasury of U. S., Sec'ry of, 100. 
no money drawn but by law, 53. 
receipts and expenditures pub- 
lished, 53. 
department, 100. 
auditors of, 100< 
Treasury of a State, 155, 157. 
no money drawn &c, 244. 
receipts and expenditures pub- 
lished, 246. 
Treasurer of a State, 157. 

in Pa., elected by legislature, 213. 
Treasurer, county, 160. 

in Pa., 225. 
Treaties, definition, 117. 
how negotiated, 41. 
power of President &c, 93. 

of the Senate of U. S. 40. 
authority of, 40, 93. 
as to foreign territory, 67, 69. 
States not to form &c, 79, 93. 
Treason against U. S. 64. 
Trial by jury, Cons, of U. S. 86, 
87. 
State constitutions, 130. 
in Pa., 197. 

Union perpetual, 23. . 

new States admitted into, 67. 
out of foreign territory, 67, 68. 
a State cannot secede from, 
23, 114. 
United States, a republic, 18. 
government of, how formed, 18. 
when became independent, 18. 
meaning of, 26. 

Vacant lands of U. S. 65. 
how acquired, 65. 
cession of the States, 65. 
survey and sale of, 65. 
salt springs and lead mines, 65. 



appropriation for education, 65. 

General Land Office of U. S. 65. 

Surveyor General, 65. 

fund for common benefit of the 
Union, 66. 
Veto, meaning of, 95. 

of President of U. S. 71, 195. 

of State Governors, 140, 215. 
Vice President, how elected, 96. 

qualification, 96. 

term of office, 96. 
when it begins, 96. 

compensation, 96. 

President of Senate of U. S. 96. 

when to act as Pres't of U. S. 97. 

impeachment of, 97. 

vacancy in office how filled, 97. 
Voting, see Elections. 

free colored persons, 123. 

Ward, see Guardian. 
War, power of Cong, to declare, 62. 
prohibition on the States, 62. 
Secretary of War, 100. 
Department, 100. 
Warrants to be on oath, 87, 130. 
Weights and measures, power of 
Cong, to fix standard of, 60. 
Acts of Congress, 60. 
Wife. See Females. 
Wills. See Registers. 
Witness, right of accused person 
to have process for, 87. 
accused not compelled to be 
witness against himself, 87. 
Women. See Females. 
Writ of Error, meaning, 226. 

Year, what in law, 125. 
Yeas and nays what, 48. 

in Congress, 48. 

instates, 137 

in Pa., 211. 



M 



